R. v. Doyle

R. v. Doyle

Although the accused's conduct was morally reprehensible and some actions fit s.264(2)(b)/(c), Crown failed to prove beyond a reasonable doubt the required subjective mens rea that the accused knew or was reckless that his conduct was harassing given the prior cordial/flirtatious relationship and lack of indication that advances were unwelcome; accordingly acquittal is required on both charges.

Citation
2009 NSPC 56
Parties
Crown: Her Majesty The Queen; Accused: Jason Paul Doyle
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
17 July 2009
Procedural Posture
Criminal / Trial — Judgment (provincial Court)
Outcome
Accused acquitted of both charges under s.264 of the Criminal Code.
Legal Topics
Harassment Under S.264 Criminal Code, Stalking and Repeated Conduct, Mens Rea and Recklessness, Reasonable Fear, Witness Credibility
Source Language
English
Criminal Law Police Misconduct Evidence and Credibility Harassment Under S.264 Criminal Code Stalking and Repeated Conduct Mens Rea and Recklessness Reasonable Fear Witness Credibility

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 5 Authorities cited 6 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Her Majesty The Queen

Crown

Jason Paul Doyle

Accused

Procedural Posture

Criminal / Trial — Judgment (provincial Court)

Legal Issues

  1. 1 Whether the accused's conduct satisfied s.264(2) conduct elements (a)-(d)
  2. 2 Whether the complainants were harassed and feared for their safety
  3. 3 Whether the accused knew or was reckless as to harassment (mens rea)

Ratio Decidendi

Although the accused's conduct was morally reprehensible and some actions fit s.264(2)(b)/(c), Crown failed to prove beyond a reasonable doubt the required subjective mens rea that the accused knew or was reckless that his conduct was harassing given the prior cordial/flirtatious relationship and lack of indication that advances were unwelcome; accordingly acquittal is required on both charges.

Court Disposition

Accused acquitted of both charges under s.264 of the Criminal Code.