Defence appeal from aggravated assault conviction. Self-defence advanced at trial. Trial judge found that even if the accused acted in self-defence, the use of a knife was a “grossly excessive use of force.” Accused testified that he “blindly swiped” at the complainant. Issue as to whether trial judge erred in finding that the mens rea had been proven.
Held: Appeal dismissed.
The mens rea requirement of aggravated assault is proof of an intentional application of force. The Crown is not required to prove that the accused intended the actual consequences of the application of force (in this case a slash to the complainant’s head): Nanemahoo, 2011 ABCA 182.
S. Kurie – Defence Counsel