Can a defendant who called the victim a liar, gesticulate with his hands and gesticulated with his fingers, but the trial judge did not find that he grabbed the other's coat lapel or clenched his fist?
Manitoba, Canada
The following excerpt is from R. v. Boyd, 2006 MBQB 181 (CanLII):
In Rex v. McGibney, the accused called the victim a liar, gesticulated with his hands, but the trial judge did not find that he grabbed the other’s coat lapel or that he clenched his fist. There was no opportunity to apply force as the accused was surrounded by others who were intervening. The court held that words alone were insufficient to constitute assault and made no finding of an overt act or gesture.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the authority of the trial judge to order a retroactive order from the interim judge? (Manitoba, Canada)
Can a defendant review some factual findings made by the trial judge? (Manitoba, Canada)
What is the decisive ground of appeal in a sexual assault case where the trial judge failed to relate the evidence crucial to the defence to the issues to be decided by the jury? (Manitoba, Canada)
What is the test for a trial judge in a custodial variation proceeding? (Manitoba, Canada)
What is the burden of proving bias against the trial judge? (Manitoba, Canada)
What factors must a judge consider in determining whether a defendant has complied with an interlocutory order of the court? (Manitoba, Canada)
What is the standard of review for a trial judge's findings of fact and the inferences drawn by her? (Manitoba, Canada)
In a motion for directed verdict, in what circumstances will the trial judge not have considered the evidence of Timothy? (Manitoba, Canada)
What is the standard of review for a trial judge's findings of fact and any inferences drawn? (Manitoba, Canada)
What is the standard of appellate review applicable to all factual conclusions of a trial judge? (Manitoba, Canada)
