R. v. Heinrichs (P.), (2015) 313 Man.R.(2d) 153 (QB)

JudgeMenzies, J.
CourtCourt of Queen's Bench of Manitoba (Canada)
Case DateJanuary 26, 2015
JurisdictionManitoba
Citations(2015), 313 Man.R.(2d) 153 (QB);2015 MBQB 16

R. v. Heinrichs (P.) (2015), 313 Man.R.(2d) 153 (QB)

MLB headnote and full text

Temp. Cite: [2015] Man.R.(2d) TBEd. FE.021

Her Majesty The Queen v. Pamela Heinrichs (accused/respondent)

(CR 13-02-01276; 2015 MBQB 16)

Indexed As: R. v. Heinrichs (P.)

Manitoba Court of Queen's Bench

Brandon Centre

Menzies, J.

January 26, 2015.

Summary:

The accused was charged with child abduction, contrary to s. 283(1) of the Criminal Code.

The Manitoba Court of Queen's Bench found the accused not guilty.

Criminal Law - Topic 1452

Abduction of child - Intention or mens rea - Pamela was born and raised in Australia - She met Ryan when he immigrated to Australia for employment - Pamela and Ryan got married - Their child (Aiden) was born in Australia in 2004 - The family moved to Manitoba in 2008 - Pamela and Ryan had separated by November 2011 - Without consulting Ryan, Pamela tried to take Aiden to Australia in December 2011 - Pamela was arrested in Los Angeles as she and Aiden were boarding a plane for Australia - She was charged with abduction - The Manitoba Court of Queen's Bench found Pamela not guilty - Pamela testified that she wanted to take Aiden for a holiday to see her family and to have time away from Ryan in order to consider their separation - Pamela did not intend to defeat, deny, or take away Ryan's ability to regain physical control or custody of Aiden - Aiden was enrolled in school in Manitoba, Pamela had a job in Manitoba, and she was committed to including Ryan in Aiden's life in a significant and meaningful way - The distance between Canada and Australia was insufficient to prove intent as there was a real and significant connection for both parents and Aiden to Australia.

Cases Noticed:

R. v. McDougall (1990), 42 O.A.C. 223; 3 C.R.(4th) 112; 1 O.R.(3d) 247; 62 C.C.C.(3d) 174 (C.A.), refd to. [para. 12].

Counsel:

N. Fazenda, for the Crown;

R. Harrison and B. Moen, for the accused.

This matter was heard before Menzies, J., of the Manitoba Court of Queen's Bench, Brandon Centre, who delivered the following judgment on January 26, 2015.

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