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The defendant was convicted of unlawfully entering a dwelling-house but acquitted of assault causing bodily harm.
The defendant was charged with four offences arising from an incident on October 19, 2013: assault causing bodily harm, possession of a weapon for a purpose dangerous to the public peace, carrying a concealed weapon, and being unlawfully in a dwelling-house.
The Crown and defence agreed to a directed verdict of acquittal on the weapon charges.
At trial, the court found the defendant guilty of unlawfully entering a dwelling-house with intent to commit an indictable offence (mischief), but acquitted him of assault causing bodily harm due to insufficient evidence regarding how the complainant's arm was cut.
Certificate of assessment set aside on consent; costs of flawed assessment awarded on solicitor-and-client scale.
The appellant law firm appealed a certificate of assessment of costs.
The respondents conceded the certificate was flawed and agreed to a reassessment before a Master.
The court determined the scale of costs for the various assessment hearings and the appeal, awarding solicitor-and-client costs for the third assessment due to an improper reply to objections, but party-and-party costs for the appeal.