Oregon v. Owen
Annotate this CaseA grand jury indicted defendant Matthew Owen on two counts of second-degree assault for knowingly causing physical injury to another person by means of a dangerous weapon. Citing Oregon v. Barnes, 986 P2d 1160 (1999), the trial court instructed the jury that the state had to prove defendant’s knowledge of the assaultive nature of his actions, and the court declined to give defendant’s requested instructions that would have required the state to prove his mental state concerning the injuries that resulted from his actions. The Court of Appeals affirmed. On review, defendant contended the trial court erroneously instructed the jury. Defendant argued Barnes was incorrectly decided and that the state had to prove either: (1) that he knew that his actions would cause the victim physical injury; or, alternatively, (2) that he knew that his actions were assaultive and that, at least, he negligently caused physical injury by failing to be aware of the risk that his actions would cause such injury. The Oregon Supreme Court agreed with defendant’s alternative argument and, in part, overruled Barnes. However, because the Court concluded that the instructional error was harmless in this case, it affirmed the decision of the Court of Appeals and affirmed the judgment of conviction.
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