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Verdict Rationale Case Study

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Stella Zhao Mr. Struk CLU3M1 05 December 2017 Verdict Rationale In the case R. v. O’Brien, the defendant, O’Brien, had been charged of two assaults. Pat O’Brien, was charged that he, on the 12th day of June, 2009 in the City of Yourtown in the Region of Yourtown, committed an assault upon Toby Fantasia which caused bodily harm to her, contrary to Section 267 of the Criminal Code; And further charged that he, on the 12th day of June, 2009 in the City of Yourtown in the Region of Yourtown, assaulted Toby Fantasia, a peace officer engaged in the execution of her duty, contrary to Section 270 of the Criminal Code. After hearing the trial, I organized 11 points of evidences presented in court of why O’Brien should be acquitted. O’Brien did not commit any crime. When Fantasia was on her duty to arrest Friedbrain, O’Brien came up and interfered and caused Friedbrain’s escape. In Ugarte’s testimony, Fantasia put her hand on Friedbrain’s arm, then Friedbrain jerked his/her arm away and took a combative stance vis-a-vis the officer. Then Friedbrain tried to kick and …show more content…

In O’Brien’s testimony, he said he and his fiancee had a bottle of wine so then they decided to walk home so he consumed alcohol that night. It is reasonable that O’Brien was driven by alcohol, and he became somewhat impulsive and wanted to separate them apart from each other. Punching Fantasia was out of self defence. In O’Brien’s testimony, he said he thought Fantasia was trying to pull out a gun, so he punched Fantasia as hard as he could so Fantasia couldn’t fight back. According to where this crime had happened, the area was well known for drug and other illicit activity. There was a possibility that Fantasia was a bad guy and possessed weapon with her and she was trying to pull out a gun from her pocket rather than a badge. No one would know what she was going to pull out. Therefore, out of self defence, O’Brien harmed

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