R. v. Forsythe

R. v. Forsythe

The four‑page e‑mail containing the threat constituted some evidence upon which a reasonable jury could convict on Count 1; the misstatement of the exact date (Nov 29 vs Nov 30) was not fatal because the indictment alleged the offence "on or about" the date and time is not an essential element, therefore the no evidence motion was denied.

Citation
2012 BCSC 2052
Parties
Crown: Regina; Accused: Force Mclellan Forsythe
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
14 September 2012
Procedural Posture
Criminal / No Evidence Motion at Close of Crown's Case (trial)
Outcome
No evidence motion denied.
Legal Topics
Uttering Threats, Criminal Harassment, No Evidence Motion / Directed Verdict, Indictment Date Variance
Source Language
English
Criminal Law Uttering Threats Criminal Harassment No Evidence Motion / Directed Verdict Indictment Date Variance

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Parties

Regina

Crown

Force Mclellan Forsythe

Accused

Procedural Posture

Criminal / No Evidence Motion at Close of Crown's Case (trial)

Legal Issues

  1. 1 Whether there was any evidence upon which a reasonable jury could convict on Count 1 (uttering threats)
  2. 2 Whether the variance in the date alleged (Nov 30 vs Nov 29) was fatal to the indictment
  3. 3 Whether the Crown impermissibly substituted one alleged transaction for another at trial

Ratio Decidendi

The four‑page e‑mail containing the threat constituted some evidence upon which a reasonable jury could convict on Count 1; the misstatement of the exact date (Nov 29 vs Nov 30) was not fatal because the indictment alleged the offence "on or about" the date and time is not an essential element, therefore the no evidence motion was denied.

Court Disposition

No evidence motion denied.

Orders

  • No evidence motion dismissed; trial to proceed on Count 1.