R. v. Frank

R. v. Frank

Judge found Crown proved all essential elements beyond a reasonable doubt: accused's testimony was not credible, corroborated documentary and witness evidence (phone records, exhibit recordings, witness sightings, physical staples/screwdriver, pay phone usage, voice mail and dot-style notes) demonstrated repeated unlawful contact, harassment and mischief; accordingly accused convicted on multiple counts and certain overlapping counts were stayed under Kienapple.

Citation
2011 NSPC 107
Parties
Crown: Her Majesty the Queen; Accused/defendant: Robert Douglas Frank
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
12 August 2011
Procedural Posture
Criminal / Trial Decision (guilt Verdict)
Outcome
Accused found guilty on multiple counts; several overlapping counts stayed under the Kienapple principle.
Legal Topics
Breach of Undertaking/recognizance, Criminal Harassment, Mischief (property Damage), Evidence and Credibility Assessment, Kienapple Double Jeopardy Principle
Source Language
English
Criminal Law Breach of Undertaking/recognizance Criminal Harassment Mischief (property Damage) Evidence and Credibility Assessment Kienapple Double Jeopardy Principle

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Parties

Her Majesty the Queen

Crown

Robert Douglas Frank

Accused/defendant

Procedural Posture

Criminal / Trial Decision (guilt Verdict)

Legal Issues

  1. 1 Whether accused breached no-contact conditions of OIC and multiple recognizances
  2. 2 Whether accused committed criminal harassment of Joyce Chawner by repeated one-ring calls
  3. 3 Whether accused unlawfully and willfully damaged property (punctured tire)

Ratio Decidendi

Judge found Crown proved all essential elements beyond a reasonable doubt: accused's testimony was not credible, corroborated documentary and witness evidence (phone records, exhibit recordings, witness sightings, physical staples/screwdriver, pay phone usage, voice mail and dot-style notes) demonstrated repeated unlawful contact, harassment and mischief; accordingly accused convicted on multiple counts and certain overlapping counts were stayed under Kienapple.

Court Disposition

Accused found guilty on multiple counts; several overlapping counts stayed under the Kienapple principle.

Orders

  • Guilty verdicts entered on multiple counts as detailed in decision (breaches of OIC and recognizances, criminal harassment, mischief); specific convictions listed in judgment.
  • Certain convictions stayed under Kienapple principle where offences overlapped (six counts stayed).