The Crown appealed a decision of the New Brunswick Court of Appeal which had ordered a new trial for the accused on a charge of aggravated assault.
The Supreme Court of Canada allowed the appeal and restored the conviction, holding that the mens rea for aggravated assault under s. 268(1) of the Criminal Code requires only objective foresight of bodily harm, not an intent to wound, maim or disfigure.
The Court also found that the trial judge did not improperly shift the burden of proof to the accused, but merely placed an evidentiary burden on him.
