R. v. K.D.

(403) 452-8018

R. v. K.D.

(Okotoks, P.C. - Assault Causing Bodily Harm). KD was charged with assault causing bodily harm arising from a physical altercation with a family member. The trial was heard in Okotoks by an experienced and erudite Provincial Court Judge. The issues in KD revolved around self defence and credibility. KD testified to an attack by the alleged victim that was repelled by reasonable self defence.

Self defence is a defence of justification for assault that operates as long as the defender uses no more force to repel the attack than is reasonably necessary in the circumstances. Not surprisingly, the alleged victim claimed that KD was the perpetrator of the attack. The trial judge was forced to weigh the evidence against the backdrop of the Supreme Court of Canada's decision in R. v. W.D.

In short,  pursuant to the case, if the judge believed KD, he was required to acquit. Even if the judge did not believe KD but was left with reasonable doubt on the basis of KD's claim of reasonable self defence, he must acquit. Even if the judge did not believe KD and was not left with a reasonable based on KD's evidence, the judge was then to evaluate the totality of evidence, including the evidence of the accused. If left with a reasonable doubt, a verdict of "not guilty" must be registered.

In this case, the judge very astutely reminded all parties -- including the family of the alleged victim -- that it was not his job to resolve the family dispute or to find fault one way or another; rather, that it was only his job to apply the law  to the criminal standard of proof. The Crown was required to disprove self defence beyond a reasonable doubt. After considering the legal principles, the Judge was left with serious concerns with the evidence of the witnesses and found the accused "not guilty".  

There are many criminal defence lawyers in Alberta who handle cases in Okotoks. David Chow is one of them. If you are searching for an Okotoks criminal lawyer to handle any criminal law matter (including domestic assault) David Chow would be grateful for the opportunity to earn your business.  David offers a free initial telephone consultation. Call today.