Defence of property rejected for man who attacked utility worker

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Shoving a utility employee who confirmed up at his house to chop off his water wasn’t carried out in defence of his property, a choose has dominated in convicting a Langdon man of assault.

Justice Sandra Mah discovered Kevin Stewart Harley wasn’t entitled to depend on provisions within the Felony Code permitting people to defend their house.

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In a written determination posted on-line, the Court docket of Justice choose rejected Harley’s declare he was entitled to eject Andrea Smith from his property within the city east of Calgary.

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Smith attended Harley’s house the morning of June 18, 2021, to chop off his water because of non-payment.

“Mr. Harley submits the complainant had no lawful foundation for being on his property and he was performing inside his rights to defend his property beneath part 35 of the Felony Code,” Mah famous.

However the choose stated Harley failed to determine two of the grounds needed for that defence to succeed.

Mah stated Smith was entitled to be on Harley’s property to disconnect his water.

“I discover the Crown has established past an affordable doubt that the accused didn’t have an affordable perception that the complainant was coming into his property with out being entitled by legislation to take action,” she stated.

“I additionally discover the Crown has established past an affordable doubt that the accused’s actions had been affordable beneath the circumstances.”

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After Smith turned over sod on Harley’s garden to realize entry to the water line, the Langdon man got here operating from his house, tried to seize a spade she had in her fingers and pushed her to the purpose her physique twisted, Mah discovered.

The choose stated Harley was made conscious Smith was there on behalf of a utility firm to disconnect his water service.

“The accused’s response to the state of affairs was wholly unreasonable.”

A sentencing listening to is ready for Dec. 19, in Strathmore Court docket of Justice.

KMartin@postmedia.com

X: @KMartinCourts

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