R. v. MacDonald

R. v. MacDonald

Crown failed to prove beyond a reasonable doubt that the accused aided or abetted or had the requisite criminal intent; credible testimony from the accused, Ms. Prosper and the victim rebutted the statutory presumption under s.348(2)(a) and established the accused entered only to inquire, negating mens rea for the charged offences.

Citation
2012 NSPC 99
Parties
Crown: Her Majesty the Queen; Accused: Stephen Brett MacDonald
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
22 October 2012
Procedural Posture
Criminal / Trial Verdict
Outcome
Accused acquitted of charges under paragraph 348(1)(a) (break and enter with intent) and paragraph 266(a) (assault) and acquitted of included offence s.430(1)(c).
Legal Topics
Party Liability (aiding and Abetting), Break and Enter, Assault, Credibility Findings, Presumption of Intent Under S.348(2)(a), Included Offence S.430(1)(c)
Source Language
English
Criminal Law Evidence Party Liability (aiding and Abetting) Break and Enter Assault Credibility Findings Presumption of Intent Under S.348(2)(a) Included Offence S.430(1)(c)

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Parties

Her Majesty the Queen

Crown

Stephen Brett MacDonald

Accused

Procedural Posture

Criminal / Trial Verdict

Legal Issues

  1. 1 Whether the accused was a party to the break and enter and assault (aiding/abetting)
  2. 2 Whether the presumption of intent under s.348(2)(a) was rebutted
  3. 3 Whether the accused had the requisite mens rea (intention/knowledge) for party liability under s.21(1)

Ratio Decidendi

Crown failed to prove beyond a reasonable doubt that the accused aided or abetted or had the requisite criminal intent; credible testimony from the accused, Ms. Prosper and the victim rebutted the statutory presumption under s.348(2)(a) and established the accused entered only to inquire, negating mens rea for the charged offences.

Court Disposition

Accused acquitted of charges under paragraph 348(1)(a) (break and enter with intent) and paragraph 266(a) (assault) and acquitted of included offence s.430(1)(c).

Orders

  • Undertaking dated May 29, 2011 terminated
  • Accused discharged and released (free to go)