Provincial Court

Decision Information

Decision Content

IN THE PROVINCIAL COURT OF NOVA SCOTIA

Citation: R. v. Redden, 2005 NSPC 64 

 

Date: 20050617

Docket: 1213202

Registry: Kentville

 

 

Between:

Her Majesty the Queen

 

v.

 

Jeffrey Ian Redden

 

LIBRARY HEADING

 

 

 

Judge:                            The Honourable Judge Alan T. Tufts

 

Heard:                            June 13, 14, 15, 2005, in Windsor, Nova Scotia

 

Subject:                          Criminal Negligence (causing bodily harm)

Shaken Baby Syndrome

 

Summary:                       Allegation that accused caused bodily harm to his ten week old step-son by shaking him hard in what defence described as an effort to resuscitate the child after an apparent fall from a chair while in the care of the accused.  Expert evidence was provided that indicated the baby may have experienced a breath holding event which caused the accused to believe that the baby had stopped breathing.

 

Issue:                            Did the accused act with a wanton or reckless disregard for this baby's safety.  Were his actions a marked and significant departure from what could be expected of a reasonable person in the same circumstances such that it constituted criminal negligence.

 


Result:                          Concluded that the accused's actions were reactive, sudden and responsive to what he determined was an urgent situation.  Actions were all consistent with reviving the baby.  Accused found not guilty.

 

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