R. v. McWhirter

R. v. McWhirter

The court found the Crown proved beyond a reasonable doubt that the accused prowled at night on another's property without lawful excuse (s.177) based on his stealthy conduct, presence under the deck and lack of invitation; the court further found the accused possessed two knives with a subjective purpose (to facilitate prohibited contact) that objectively was dangerous to the public peace, satisfying s.88 under the hybrid subjective-objective test; therefore conviction on both counts was required.

Citation
2023 NSPC 2
Parties
Crown: His Majesty the King; Accused: Jason Michael McWhirter
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
17 February 2023
Procedural Posture
Criminal / Trial Judgment
Outcome
Convicted of trespass at night (s.177 Criminal Code) and possession of a weapon for a dangerous purpose (s.88 Criminal Code)
Legal Topics
Trespass at Night (s.177 Criminal Code), Possession of Weapon for Dangerous Purpose (s.88 Criminal Code), Reasonable Doubt, Credibility Assessment, Charter S.11(d) Presumption of Innocence
Source Language
English
Criminal Law Trespass at Night (s.177 Criminal Code) Possession of Weapon for Dangerous Purpose (s.88 Criminal Code) Reasonable Doubt Credibility Assessment Charter S.11(d) Presumption of Innocence

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Parties

His Majesty the King

Crown

Jason Michael McWhirter

Accused

Procedural Posture

Criminal / Trial Judgment

Legal Issues

  1. 1 Whether the accused committed loitering/prowling at night contrary to s.177 Criminal Code
  2. 2 Whether the accused possessed weapons for a purpose dangerous to the public peace contrary to s.88 Criminal Code
  3. 3 Whether the accused had a lawful excuse for presence on the property

Ratio Decidendi

The court found the Crown proved beyond a reasonable doubt that the accused prowled at night on another's property without lawful excuse (s.177) based on his stealthy conduct, presence under the deck and lack of invitation; the court further found the accused possessed two knives with a subjective purpose (to facilitate prohibited contact) that objectively was dangerous to the public peace, satisfying s.88 under the hybrid subjective-objective test; therefore conviction on both counts was required.

Court Disposition

Convicted of trespass at night (s.177 Criminal Code) and possession of a weapon for a dangerous purpose (s.88 Criminal Code)