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), 1991 4566 (NS CA), 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.