August 17th, 2018
Threat Charge Requires General Intent Only – R v Mohammed, 2018 Calgary Provincial Court
Law Updates Tags: 264.1 C.C., Elements Of Offence, Mens Rea
Trial on charges of uttering threats to cause death or bodily harm under s. 264.1(1)(a) CC. Issue of whether defence of intoxication was available to the accused. Held: Conviction. Desjarlais, 2016 ABPC 182, followed. In that case, Allen PCJ applied the analysis in Tatton, 2015 SCC 33 regarding general versus specific intent classification and concluded … Read More.
July 13th, 2018
Self-Help No Defence To Fraud Charge – R v Suzi, 2018 Leduc Provincial Court
Law Updates Tags: Colour Of Right, Fraud, Mens Rea, Self-Help
Fraud trial. Accused cashed a cheque from his former roommate without authorization. Accused testified that he believed the complainant owed him money for rent. Issue of whether accused could rely on the self-help doctrine as a defence. Held: Conviction. As per Kingsbury, 2012 BCCA 462, and Must, 2011 ONCA 390, an accused’s personal belief that … Read More.
June 1st, 2018
Intention To Counsel Offence Defined – R v Miller, 2018 Alberta Court Of Appeal
Law Updates Tags: 464 C.C., Counselling, Mens Rea, s
Appeal from conviction for counselling offences of fraud and uttering a forged document. Issue of whether the requisite mens rea was proven at trial. Trial judge found that appellant tried to convince conspirators to “go along with the plan” of using a fake letter to gain an advantage in a lawsuit. Issue on appeal of … Read More.
March 21st, 2017
R v Giesbrecht, 2017 ABCA 80 per Costigan, Paperny, Slatter, JA – T. Judge: Belzil, J:
Law Updates Tags: Aggravated Assault, Mens Rea, Use Of Force
Defence appeal from aggravated assault conviction. Self-defence advanced at trial. Trial judge found that even if the accused acted in self-defence, the use of a knife was a “grossly excessive use of force.” Accused testified that he “blindly swiped” at the complainant. Issue as to whether trial judge erred in finding that the mens rea … Read More.
February 17th, 2017
R v Tuck, 2017 ABPC 16 per McIlhargey, PCJ:
Law Updates Tags: Impaired, Mens Rea, Refusal Intent
Accused charged with failure to provide a screening device breath sample. Accused made 10 unsuccessful attempts to blow. Police officer testified that the accused was not making genuine attempts to provide a valid sample. Accused testified that he suffered from anxiety and was nervous while trying his best to blow. Held: Acquitted. As per Lewko, … Read More.
January 11th, 2016
R v Walker. 2015 ABPC 273 per Lamoureux, PCJ:
Law Updates Tags: Failure To Blow, Impaired, Mens Rea
Trial on charge of failure to provide breath samples. Accused testified that she watched the “progress bars” on the approved instrument’s display, and that she saw the technician nod with approval as she blew, therefore, she assumed that she had provided a valid sample, and she stopped blowing. Held: Acquitted. “It is clear in the … Read More.
March 17th, 2015
R. v. Rempel, 2015 ABCA 96 per Watson, McDonald, Brown, JA – T. Judge: Shelley, J.
Law Updates Tags: Dangerous Driving, Mens Rea, Proof
Appeal from dangerous driving causing death conviction. Speeding through a construction zone. Rear brakes of accused’s truck, trailer brakes, were not working well. Issue as to whether deficiencies in a vehicle’s condition which do not contribute to a collision are still appropriate considerations in assessing mens rea. Held: Appeal dismissed. “Hundal [1993] 1 SCR 867 … Read More.
January 23rd, 2015
R. v. Ennis, 2015 ABPC 9 per Fradsham, PCJ
Law Updates Tags: Impaired, Intent, Mens Rea, Refusal
Refusal trial. Issue regarding proper test to be applied with respect to “intent”, where accused testified that she was trying to blow, but, for whatever reason was unable to provide a valid sample. Held: Conviction. Plante, 2013 559 AR 345 (QB) is binding. “The accused must present or point to some evidence to bring the … Read More.