R. v. Wood (D.), (1995) 176 A.R. 223 (ProvCt)

• Judge: Lamoureux, P.C.J.
• Court: Provincial Court of Alberta (Canada)
• Case Date: October 05, 1995
• Citations: (1995), 176 A.R. 223 (ProvCt)

R. v. Wood (D.) (1995), 176 A.R. 223 (ProvCt)

MLB headnote and full text

Her Majesty The Queen v. Donald Wood

(Docket No. 50558899P10101)

Indexed As: R. v. Wood (D.)

Alberta Provincial Court

Lamoureux, P.C.J.

October 5, 1995.

Summary:

The natural father of a four year old boy was charged with assault under s. 266 of the Criminal Code.

The Alberta Provincial Court acquitted the father.

Criminal Law - Topic 1421

Assaults - Defence - Child correction - A four year old, hyperactive boy was taken to hospital with an ear infection - The doctor noticed the mark of a slap on his other cheek - The boy's father was charged with assault - The boy had con­tinued yelling at his mother during his lunch, while his father, a night shift worker, was trying to sleep downstairs - Despite parental warnings, the child would not cease yelling - The father slapped him once - The doctor testified that the force administered was excessive - The Alberta Provincial Court acquitted the father - The court found that the force used by the father was by way of correction of a behavioral problem and that there was a reasonable doubt that the force was exces­sive, where the father did not act in a capricious, arbitrary, angry or retaliatory manner.

Criminal Law - Topic 1421

Assaults - Defence - Child correction - The Alberta Provincial Court stated that in determining whether an accused is entitled to a s. 43 (Criminal Code) defence, the court must consider "from both an objec­tive and a subjective standpoint, such matters as the nature of the offence calling for correction, the age and character of the child, the likely effect of the punishment on this particular child, the degree or gravity of the punishment, the circum­stances under which it was inflicted and the injuries, if any, suffered. At the outset it is certainly clear that if the child suffers injuries which may endanger life, limbs or health or if the child is disfigured, the protection under s. 43 is not available to the accused" - See paragraph 13.

Cases Noticed:

R. v. Taylor (1985), 59 A.R. 179; 44 C.R.(3d) 263 (C.A.), refd to. [para. 10].

R. v. Dupperon (1984), 37 Sask.R. 84; 43 C.R.(3d) 70 (C.A.), refd to. [para. 10].

R. v. Vivian, [1992] B.C.J. No. 2190 (S.C.), refd to. [para. 14].

R. v. Plourde (J.-G.) (1993), 140 N.B.R.(2d) 273; 358 A.P.R. 273 (Prov. Ct.), refd to. [para. 14].

R. v. Ogg-Moss, [1984] 2 S.C.R. 173; 54 N.R. 81; 5 O.A.C. 81, refd to. [para. 14].

Statutes Noticed:

Criminal Code, R.S.C 1985, c. C-46, sect. 43 [para. 3].

Counsel:

P. Papadatou, for the Crown;

P. Parno, for the accused.

This case was heard before Lamoureux, P.C.J., of the Alberta Provincial Court, who delivered the following judgment on October 5, 1995.