R. v. Zorogole

R. v. Zorogole

The court found the Crown failed to prove beyond a reasonable doubt that the accused beset or watched the dwelling-house or that his conduct caused a reasonable apprehension of violence; the episodes were isolated, non-threatening and permitted (invitee at yard sale), so criminal harassment and the related recognizance breach were not established and the accused was acquitted.

Citation
2004 NSPC 16
Parties
Crown: R.; Accused: Cesar Marius Zorogole
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
27 February 2004
Procedural Posture
Criminal / Trial Decision (acquittal)
Outcome
Acquitted on charges of criminal harassment and breach of recognizance
Legal Topics
Criminal Harassment, Stalking, Breach of Recognizance, Section 264 Criminal Code
Source Language
English
Criminal Law Criminal Harassment Stalking Breach of Recognizance Section 264 Criminal Code

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Parties

R.

Crown

Cesar Marius Zorogole

Accused

Procedural Posture

Criminal / Trial Decision (acquittal)

Legal Issues

  1. 1 Whether the accused beset or watched the dwelling-house within s.264(2)(c)
  2. 2 Whether the complainants were harassed and reasonably feared for their safety
  3. 3 Whether the accused knew or was reckless as to whether the complainants were harassed

Ratio Decidendi

The court found the Crown failed to prove beyond a reasonable doubt that the accused beset or watched the dwelling-house or that his conduct caused a reasonable apprehension of violence; the episodes were isolated, non-threatening and permitted (invitee at yard sale), so criminal harassment and the related recognizance breach were not established and the accused was acquitted.

Court Disposition

Acquitted on charges of criminal harassment and breach of recognizance

Orders

  • Acquittal entered on the record for charges relating to Sharon Delaney
  • Acquittal entered on the record for charges relating to Jamie Ferguson and Melissa Trenbirth