John Arthur Borden’s conviction for assault and sentence to five years’ jail time following an altercation outside a Sunnyville home on June 28, 2013 has been quashed by the Nova Scotia Court of Appeal. Judge Duncan Beveridge found the trial judge’s failure to charge the jury about how to deal with prior statements was inadequate. He allowed the appeal and ordered a new trial, to be undertaken at the discretion of the Crown.
The appeal was heard November 14 and 15, 2016 and February 22, 2017, in Halifax. The recently released statement from the court noted there were two versions of events about a violent encounter outside a house party. According to the court record, Ricky Borden said that John Borden stabbed him with a knife. John Borden said that when he was confronted by Ricky Borden, a fight ensued. He said that only when being pummelled by Ricky Borden did he stab him in self defence.
The trial jury had convicted John Borden of aggravated assault and possession of a knife for a purpose dangerous to public peace. He was acquitted of attempted murder and uttering a threat to kill Ricky Borden. John Borden had been sentenced to five years’ incarceration for the aggravated assault offence and one year concurrent for the possession of a weapon, less time served.