R. v. Parker

R. v. Parker

The court accepted the tenants' credible testimony that the accused spoke to them from his truck about towing their vehicle, thereby contacting them in breach of the no contact undertaking; lawful excuse and de minimis defences were rejected as inapplicable, and the accused was convicted under s.145(4)(a) of the Criminal Code.

Citation
2024 NSPC 36
Parties
Crown: His Majesty the King; Accused: Christopher Amis Parker
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
4 June 2024
Procedural Posture
Criminal / Trial Decision
Outcome
Guilty
Legal Topics
Breach of Undertaking, No Contact Condition, Lawful Excuse, De Minimis Non Curat Lex, Credibility and Reliability
Source Language
English
Criminal Law Bail and Undertakings Evidence Breach of Undertaking No Contact Condition Lawful Excuse De Minimis Non Curat Lex Credibility and Reliability

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Parties

His Majesty the King

Crown

Christopher Amis Parker

Accused

Procedural Posture

Criminal / Trial Decision

Legal Issues

  1. 1 Whether the accused communicated with the complainants in breach of a no contact undertaking
  2. 2 Whether the Crown proved the breach beyond a reasonable doubt
  3. 3 Whether the accused had a lawful excuse as landlord to contact the tenants

Ratio Decidendi

The court accepted the tenants' credible testimony that the accused spoke to them from his truck about towing their vehicle, thereby contacting them in breach of the no contact undertaking; lawful excuse and de minimis defences were rejected as inapplicable, and the accused was convicted under s.145(4)(a) of the Criminal Code.

Court Disposition

Guilty

Orders

  • Finds Christopher Amis Parker guilty of breaching a condition of an undertaking contrary to s.145(4)(a) of the Criminal Code of Canada
  • Judgment accordingly (conviction)