R. v. Phillips

R. v. Phillips

The Crown failed to prove beyond a reasonable doubt that the email, when judged by the objective reasonable-person standard informed by all correct circumstances, constituted a threat of death or bodily harm or that the accused subjectively intended the words to be taken as a threat; further the indictment particular that the threat was to police was not established and there was no proof that possession of osmium tetroxide was for a purpose dangerous to the public peace or to commit an offence, therefore the accused was not guilty on both counts.

Citation
2015 NSSC 192
Parties
Crown: Her Majesty the Queen; Defendant: Christopher Phillips
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
24 June 2015
Procedural Posture
Criminal / Trial (verdict)
Outcome
Not guilty on both counts
Legal Topics
Uttering Threats, Possession of Weapon, Mens Rea, Actus Reus, Indictment Particulars, Burden of Proof
Source Language
English
Criminal Law Evidence Uttering Threats Possession of Weapon Mens Rea Actus Reus Indictment Particulars Burden of Proof

Case Brief

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Parties

Her Majesty the Queen

Crown

Christopher Phillips

Defendant

Procedural Posture

Criminal / Trial (verdict)

Legal Issues

  1. 1 Whether the December 27, 2014 email constituted an uttered threat under s.264.1(1)(a) of the Criminal Code
  2. 2 Whether possession of osmium tetroxide was for a purpose dangerous to the public peace or for the purpose of committing an offence under s.88(1) of the Criminal Code
  3. 3 Whether the particulars of the indictment (that the threat was to police) were proved beyond a reasonable doubt

Ratio Decidendi

The Crown failed to prove beyond a reasonable doubt that the email, when judged by the objective reasonable-person standard informed by all correct circumstances, constituted a threat of death or bodily harm or that the accused subjectively intended the words to be taken as a threat; further the indictment particular that the threat was to police was not established and there was no proof that possession of osmium tetroxide was for a purpose dangerous to the public peace or to commit an offence, therefore the accused was not guilty on both counts.

Court Disposition

Not guilty on both counts