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DEFENCES - Defence of property

Friday, January 03, 2020 @ 6:20 AM  


Lexis Advance® Quicklaw®
Appeal by the accused from conviction for pointing a firearm at the complainant. The appellant lived in the basement at the house of the complainant’s neighbour. The neighbour moved out and asked the complainant to check on the house. The complainant entered the house with a key. The appellant engaged in a heated exchange with the complainant through a closed door and told her to leave. The complainant indicated that she had permission to be there and indicated that she was alone. As the complainant was about to leave, she was confronted by the appellant pointing a shot gun at her. The appellant claimed the trial judge erred in dismissing the defence of property defence.

HELD: Appeal dismissed. The trial judge did not err in his interpretation of the term reasonable by considering proportionality and objective considerations. There was no basis to conclude that when Parliament used the word reasonable, it did not choose to continue what reasonable meant at common law. The word was not exclusive of an objective analysis but suggested that objectivity was a key part of it.

R. v. Brandon, [2019] A.J. No. 1497, Alberta Court of Appeal, J. Watson, F.F. Slatter and E.A. Hughes JJ.A., November 8, 2019. Digest No. TLD-December302019004