R. v. Al Khatib

R. v. Al Khatib

Accused intentionally moved his vehicle into close proximity to the complainant and used his phone to photograph and video her shortly after an undertaking prohibiting contact was issued; those acts constituted intentional direct 'contact' and satisfied the subjective mens rea for a s.145(3) breach; the asserted 'lawful excuse' was rejected as implausible; Kienapple applied to enter a conditional stay on the redundant 'keep the peace' count.

Citation
2014 NSPC 62
Parties
Crown: Her Majesty the Queen; Accused: Omran Al Khatib
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
24 July 2014
Procedural Posture
Criminal Breach of Undertaking (s.145(3) Criminal Code) / Trial Decision (provincial Court)
Outcome
Guilty on count relating to breach of undertaking by having direct/indirect contact with Enas Abualqumhan contrary to s.145(3) Criminal Code; conditional stay entered on the related 'keep the peace and be of good behaviour' count under Kienapple.
Legal Topics
Breach of Undertaking, Section 145(3) Criminal Code, Actus Reus, Mens Rea, Lawful Excuse, Credibility, Kienapple Principle
Source Language
English
Criminal Law Bail and Undertakings Evidence Breach of Undertaking Section 145(3) Criminal Code Actus Reus Mens Rea Lawful Excuse +2 more

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Parties

Her Majesty the Queen

Crown

Omran Al Khatib

Accused

Procedural Posture

Criminal Breach of Undertaking (s.145(3) Criminal Code) / Trial Decision (provincial Court)

Legal Issues

  1. 1 Whether the Crown proved actus reus of direct or indirect contact contrary to s.145(3) Criminal Code
  2. 2 Whether the Crown proved the requisite mens rea (knowingly/voluntarily/recklessly) for the breach
  3. 3 Whether the accused established a lawful excuse for his conduct

Ratio Decidendi

Accused intentionally moved his vehicle into close proximity to the complainant and used his phone to photograph and video her shortly after an undertaking prohibiting contact was issued; those acts constituted intentional direct 'contact' and satisfied the subjective mens rea for a s.145(3) breach; the asserted 'lawful excuse' was rejected as implausible; Kienapple applied to enter a conditional stay on the redundant 'keep the peace' count.

Court Disposition

Guilty on count relating to breach of undertaking by having direct/indirect contact with Enas Abualqumhan contrary to s.145(3) Criminal Code; conditional stay entered on the related 'keep the peace and be of good behaviour' count under Kienapple.

Orders

  • Finds Omran Al Khatib guilty of breaching the undertaking (s.145(3)) by direct contact with Enas Abualqumhan on May 7, 2013
  • Conditional stay entered on the first count (keep the peace and be of good behaviour) pursuant to the Kienapple principle