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)
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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