R. v. Aucoin

R. v. Aucoin

Where the elements of s.264.1(1)(c) are otherwise satisfied (objective meaning as a threat and subjective intent to intimidate), the fact that the threatened animal is owned by the accused does not preclude conviction; a charge may be amended under s.601 to conform to the evidence without prejudice.

Citation
2021 NSPC 26
Parties
Crown: Her Majesty the Queen; Accused: Kyle William Aucoin
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
21 June 2021
Procedural Posture
Criminal / Trial Decision on Charge Under S.264.1(1)(c)
Outcome
Found guilty of uttering a threat to injure an animal contrary to s.264.1(1)(c) of the Criminal Code
Legal Topics
Uttering Threats, Threats to Animals, Ownership of Animals, Charge Amendment Under S.601, Interpretation of S.264.1(1)(c)
Source Language
English
Criminal Law Animal Law Property Law Evidence Uttering Threats Threats to Animals Ownership of Animals Charge Amendment Under S.601 +1 more

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Parties

Her Majesty the Queen

Crown

Kyle William Aucoin

Accused

Procedural Posture

Criminal / Trial Decision on Charge Under S.264.1(1)(c)

Legal Issues

  1. 1 Whether words constituted a threat to injure an animal under s.264.1(1)(c)
  2. 2 Whether ownership of the animal by the accused precludes criminal liability for threatening it
  3. 3 Whether the Information could be amended under s.601 to conform to the evidence

Ratio Decidendi

Where the elements of s.264.1(1)(c) are otherwise satisfied (objective meaning as a threat and subjective intent to intimidate), the fact that the threatened animal is owned by the accused does not preclude conviction; a charge may be amended under s.601 to conform to the evidence without prejudice.

Court Disposition

Found guilty of uttering a threat to injure an animal contrary to s.264.1(1)(c) of the Criminal Code

Orders

  • Information amended under s.601 to state the animal was of Kyle Aucoin and to change 'kill' to 'injure' to conform to the evidence
  • Accused found guilty of the offence under s.264.1(1)(c)