In what circumstances have courts found that a defendant has not used a vehicle as a weapon in a sexual assault case?

Newfoundland and Labrador, Canada


The following excerpt is from R. v Abbott, 2017 CanLII 29276 (NL PC):

Similarly, in R v. Butler, [2015] N.S.J. No. 288, the accused was also alleged to have used a vehicle as a weapon. The complainant and the accused were involved in a relationship. The complainant drove away from the accused’s home and the accused pursued her in his vehicle. He deliberately bumped into her vehicle with his forcing it onto the shoulder of the road. The trial judge ultimately concluded that the accused’s object was not to use the car as a weapon or to apply force to the complainant. He was pursuing the complainant and the contact was intended to cause her to stop.

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