Ms. Kim Walker

A youth was charged with assault causing bodily harm, assault with a weapon, and possession of a weapon for a purpose dangerous to the public peace following a stabbing incident.

The accused claimed self-defence.

The court found the accused not guilty of the assault charges due to reasonable doubt regarding who struck first with a knife, but found the accused guilty of possession of a weapon for a dangerous purpose.

The court held that while the accused's subjective purpose was defensive, the objective circumstances did not establish that the threat was completely inescapable, and carrying a concealed weapon into a public space presented a danger to the public peace.

Two young persons were jointly charged with assault with intent to steal, assault causing bodily harm, and uttering threats of serious bodily harm arising from an incident in Mary McCormick Park on January 30, 2011.

The Crown also charged one defendant with failure to comply with a recognizance.

The court found both defendants guilty of robbery and assault causing bodily harm based on eyewitness identification evidence, including the complainant's description, photo line-up identification, and circumstantial evidence of spatial and temporal continuity.

One defendant was additionally found guilty of uttering threats.

The failure to comply charge was dismissed due to insufficient evidence regarding distance measurements.