January 28th, 2019

Drunkenness rebuts mental element for B/E charge, conviction on lesser offences – R. v. Smid, 2019 Edmonton Queen’s Bench

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Trial on charges of obstruction and breaking and entering a dwellinghouse with intent to commit an indictable offence. Issue of whether intoxication rebutted the presumption of intent in s. 348(2)(b) CC, and if so, whether the accused should be convicted of mischief. Held: Acquitted of break & enter; convicted of mischief, obstruction. Court found that … Read More.

December 15th, 2016

R v Clarke, 2016 ABPC 255 per Groves, PCJ:

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Accused pleaded guilty to break and enter into a dwelling to commit theft. Accused, and two other males, broke into the female complainant’s residence in the middle of the day after ringing the doorbell and knocking on the door. Complainant hid upstairs. $7500 worth of property stolen. Crown sought 6 months jail. Held: 60 days … Read More.

November 23rd, 2016

R v Shaw, 2016 ABCA 359 per Slatter, Rowbotham, Martin, JA – T. Judge: Riemer, PCJ:

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Appeal from conviction for break and enter into a rural dwelling. Issue as to whether the Crown was required to call all of those who had access to the property, to negate any reasonable doubt regarding consent or permission to enter the property. Held: Appeal dismissed. Home owners testified to returning home and finding the … Read More.