R. v. Ward

R. v. Ward

The court convicted on two s.137 YCJA contact counts based on the accused’s admission and an effective probation order, stayed the duplicate count under Kienapple, and acquitted the accused on the remaining allegations because the Crown failed to prove those offences beyond a reasonable doubt due to material gaps in the evidence (imprecise dates, uncalled witnesses, and absence of photographic and corroborating evidence).

Citation
2011 NSPC 82
Parties
Prosecution: Her Majesty the Queen; Accused: S, B. W.
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
10 November 2011
Procedural Posture
Criminal Summary Conviction / Trial Verdict
Outcome
Guilty on two s.137 YCJA contact counts (one of which was stayed as duplicative); Not guilty on charges of uttering threats, assault and associated probation breaches; sentencing reserved for one case.
Legal Topics
Breach of Probation, Contact While on Probation (s.137 Ycja), Uttering Threats (para.264.1(1)(a) Criminal Code), Assault (para.266(b) Criminal Code), Reasonable Doubt, Duplicity/kienapple, Evidentiary Value of Photographs
Source Language
English
Criminal Law Youth Criminal Justice Act Evidence Charter of Rights and Freedoms Breach of Probation Contact While on Probation (s.137 Ycja) Uttering Threats (para.264.1(1)(a) Criminal Code) Assault (para.266(b) Criminal Code) +3 more

Case Brief

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Parties

Her Majesty the Queen

Prosecution

S, B. W.

Accused

Procedural Posture

Criminal Summary Conviction / Trial Verdict

Legal Issues

  1. 1 Whether the accused contravened a YCJA probation order by contacting L.M.
  2. 2 Whether the accused uttered threats to C.M.M. as alleged
  3. 3 Whether the accused assaulted and threatened A.R.J. as alleged

Ratio Decidendi

The court convicted on two s.137 YCJA contact counts based on the accused’s admission and an effective probation order, stayed the duplicate count under Kienapple, and acquitted the accused on the remaining allegations because the Crown failed to prove those offences beyond a reasonable doubt due to material gaps in the evidence (imprecise dates, uncalled witnesses, and absence of photographic and corroborating evidence).

Court Disposition

Guilty on two s.137 YCJA contact counts (one of which was stayed as duplicative); Not guilty on charges of uttering threats, assault and associated probation breaches; sentencing reserved for one case.

Orders

  • Findings of guilt entered for case no. 2367404 (s.137 YCJA)
  • Judicial stay entered on case no. 2367405 pursuant to R. v. Kienapple