Ontario Criminal


Assault

ASSAULT CAUSING BODILY HARM
Court found evidence of accused’s mother totally unbelievable

Accused charged with assault causing bodily harm and assault on two different women as well as possession of marijuana for which he pleaded guilty. Second complainant testified to coming upon accused holding complainant by hair and slamming her head into pavement. Complainant testified that when she tried to intervene accused punched her in mouth. Accused was pushed down by complainant, got up and egged her on to fight before leaving in cab that she had called. Accused found guilty. Bodily harm complainant testified that she sustained inch and a half cut to top of her head requiring three stitches to close wound and in addition, she scraped her elbow while falling to ground while in clutches of accused sustaining minor injury to her elbow which was cleaned up at hospital. Nurse witness confirmed injuries. Court found evidence of accused’s mother, who had claimed to have been present and to have witnessed altercation occur in similar fashion to version claimed by accused, totally unbelievable and did not even believe she was there. Court rejected accused’s evidence. Court accepted version of events given by complainants.

R. v. Fournier

(Jan. 3, 2012, Ont. C.J., Villeneuve J., File No. 11-309) 98 W.C.B. (2d) 688 (10 pp.).

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