R. v. Blohm

R. v. Blohm

The Crown failed to prove beyond a reasonable doubt the essential elements of criminal harassment under s.264: there was no reliable evidence of repeated following/communication/besetting or threatening conduct, no satisfactory evidence the complainant reasonably feared for her safety, credibility issues undermined complainant and complainant's partner testimony, and investigative gaps left the Crown's case unproven; therefore the accused was acquitted.

Citation
2011 NSPC 51
Parties
Crown: Her Majesty the Queen; Defendant: Catherine Blohm
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
30 June 2011
Procedural Posture
Criminal (criminal Harassment) / Decision (acquittal at Trial)
Outcome
Not guilty (acquittal)
Legal Topics
Criminal Harassment, Section 264 Criminal Code, Burden of Proof, Credibility Assessment, Occupancy/ownership Disputes
Source Language
English
Criminal Law Criminal Harassment Section 264 Criminal Code Burden of Proof Credibility Assessment Occupancy/ownership Disputes

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Parties

Her Majesty the Queen

Crown

Catherine Blohm

Defendant

Procedural Posture

Criminal (criminal Harassment) / Decision (acquittal at Trial)

Legal Issues

  1. 1 Whether the accused engaged in conduct under s.264(2) (repeated following, communicating, besetting or threatening conduct)
  2. 2 Whether the complainant was harassed and reasonably feared for her safety
  3. 3 Whether the Crown proved guilt beyond a reasonable doubt

Ratio Decidendi

The Crown failed to prove beyond a reasonable doubt the essential elements of criminal harassment under s.264: there was no reliable evidence of repeated following/communication/besetting or threatening conduct, no satisfactory evidence the complainant reasonably feared for her safety, credibility issues undermined complainant and complainant's partner testimony, and investigative gaps left the Crown's case unproven; therefore the accused was acquitted.

Court Disposition

Not guilty (acquittal)