R. v. Keeping (C.), (2014) 360 Nfld. & P.E.I.R. 276 (NLPC)

• Judge: Porter, P.C.J.
• Court: Newfoundland and Labrador Provincial Court (Canada)
• Case Date: November 03, 2014
• Jurisdiction: Newfoundland and Labrador
• Citations: (2014), 360 Nfld. & P.E.I.R. 276 (NLPC)

R. v. Keeping (C.) (2014), 360 Nfld. & P.E.I.R. 276 (NLPC);

    1118 A.P.R. 276

MLB headnote and full text

Temp. Cite: [2014] Nfld. & P.E.I.R. TBEd. DE.015

Her Majesty the Queen v. Carl Keeping

(Docket: 0814A00091)

Indexed As: R. v. Keeping (C.)

Newfoundland and Labrador Provincial Court

Porter, P.C.J.

December 3, 2014.

Summary:

The accused was charged with uttering threats to cause bodily harm.

The Newfoundland and Labrador Provincial Court acquitted the accused.

Criminal Law - Topic 1565.1

Offences against person and reputation - Threats - Actus reus - [See Criminal Law - Topic 1567 ].

Criminal Law - Topic 1567

Offences against person and reputation - Threats - Threat to cause bodily harm - The accused was charged with uttering threats to cause bodily harm - The Newfoundland and Labrador Provincial Court acquitted the accused - It was impossible to conclude what the accused was alleged to have said to the complainant - The Crown had not proven the actus reus - To determine if a reasonable person would consider that the words that were uttered were a threat, the court had to regard them objectively and review them in light of the circumstances in which they were uttered, the manner in which they were spoken and the person to whom they were addressed - In order to do that, the court had to know what words were uttered - Without that, the offence was not proven - An acquittal was the only verdict available.

Cases Noticed:

R. v. Keeping (R.C.) (2013), 342 Nfld. & P.E.I.R. 1; 1064 A.P.R. 1; 2013 CanLII 64708 (N.L. Prov. Ct.), refd to. [para. 9].

R. v. Lifchus (W.), [1997] 3 S.C.R. 320; 216 N.R. 215; 118 Man.R.(2d) 218; 149 W.A.C. 218, refd to. [para. 33].

R. v. Starr (R.D.), [2000] 2 S.C.R. 144; 258 N.R. 250; 148 Man.R.(2d) 161; 224 W.A.C. 161, refd to. [para. 33].

R. v. Clemente (V.F.), [1994] 2 S.C.R. 758; 168 N.R. 310; 95 Man.R.(2d) 161; 70 W.A.C. 161, refd to. [para. 35].

Counsel:

A. Manning, for the Crown;

M. Evans, Q.C., for the accused.

This case was heard at Grand Bank, N.L., on November 3, 2014, by Porter, P.C.J., of the Newfoundland and Labrador Provincial Court, who delivered the following judgment on December 3, 2014.