R. v. C. (C.M.)
Court headnote
R. v. C. (C.M.) Collection Supreme Court Judgments Date 1991-12-03 Report [1991] 3 SCR 683 Case number 22403 Judges Sopinka, John; Gonthier, Charles Doherty; Cory, Peter deCarteret; McLachlin, Beverley; Iacobucci, Frank On appeal from Nova Scotia Subjects Criminal law Notes SCC Case Information: 22403 Decision Content R. v. C. (C.M.), [1991] 3 S.C.R. 683 C.M.C. Appellant v. Her Majesty The Queen Respondent Indexed as: R. v. C. (C.M.) File No.: 22403. 1991: December 3. Present: Sopinka, Gonthier, Cory, McLachlin and Iacobucci JJ. on appeal from the court of appeal for nova scotia Criminal law ‑‑ Threats ‑‑ Diminutive female security clerk touching appellant on arm ‑‑ Appellant responding with obscenities and threat to punch her in mouth ‑‑ Appellant arrested for uttering threat ‑‑ Whether or not appellant's reaction to assault justified. APPEAL from a judgment of the Nova Scotia Court of Appeal (1991), 102 N.S.R. (2d) 39, dismissing an appeal from conviction by Niedermayer J. of the Youth Court. Appeal dismissed. Chandra Cosine, for the appellant. Robert Hagell, for the respondent. //Cory J.// The judgment of the Court was delivered orally by Cory J. ‑‑ Even if it is assumed that the security clerk had no justification for touching C.M.C. on the arm the trial judge found that his response was unreasonable and excessive. There was evidence on which that finding could be properly based. The security clerk was a small young woman, only 5'1" in height. C.M.C. threatened, with obsc…
Full judgment (source text)
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R. v. C. (C.M.) Collection Supreme Court Judgments Date 1991-12-03 Report [1991] 3 SCR 683 Case number 22403 Judges Sopinka, John; Gonthier, Charles Doherty; Cory, Peter deCarteret; McLachlin, Beverley; Iacobucci, Frank On appeal from Nova Scotia Subjects Criminal law Notes SCC Case Information: 22403 Decision Content R. v. C. (C.M.), [1991] 3 S.C.R. 683 C.M.C. Appellant v. Her Majesty The Queen Respondent Indexed as: R. v. C. (C.M.) File No.: 22403. 1991: December 3. Present: Sopinka, Gonthier, Cory, McLachlin and Iacobucci JJ. on appeal from the court of appeal for nova scotia Criminal law ‑‑ Threats ‑‑ Diminutive female security clerk touching appellant on arm ‑‑ Appellant responding with obscenities and threat to punch her in mouth ‑‑ Appellant arrested for uttering threat ‑‑ Whether or not appellant's reaction to assault justified. APPEAL from a judgment of the Nova Scotia Court of Appeal (1991), 102 N.S.R. (2d) 39, dismissing an appeal from conviction by Niedermayer J. of the Youth Court. Appeal dismissed. Chandra Cosine, for the appellant. Robert Hagell, for the respondent. //Cory J.// The judgment of the Court was delivered orally by Cory J. ‑‑ Even if it is assumed that the security clerk had no justification for touching C.M.C. on the arm the trial judge found that his response was unreasonable and excessive. There was evidence on which that finding could be properly based. The security clerk was a small young woman, only 5'1" in height. C.M.C. threatened, with obscenities to punch her in the mouth. She was afraid of C.M.C. and took the threat seriously. The threat, coupled with a gesture by C.M.C., was indeed excessive and unreasonable. There was no error made by the majority of the Court of Appeal and the appeal must be dismissed. Judgment accordingly. Solicitor for the appellant: Chandra Cosine, Halifax. Solicitor for the respondent: The Department of the Attorney General, Halifax.
Source: decisions.scc-csc.ca
R v Brown
[2022] 1 SCR 506