R. v. Lambrinoudis, (1977) 4 A.R. 326 (DC)

• Court: Court of Queen's Bench of Alberta (Canada)
• Case Date: May 11, 1977
• Citations: (1977), 4 A.R. 326 (DC)

R. v. Lambrinoudis (1977), 4 A.R. 326 (DC)

MLB headnote and full text

R. v. Lambrinoudis

Indexed As: R. v. Lambrinoudis

Alberta District Court

Judicial District of MacLeod

Tavender, J.D.C.

May 11, 1977.

Summary:

This headnote contains no summary.

Fish and Game - Topic 2413

Offences - Hunting - Tagging of animals after killing - Alberta Wild life Act, s. 50(3) - The accused was charged with failing to tag a big game animal after it was killed as required by the Wildlife Act - The accused killed a mule deer and affixed the wrong tag to the carcass - The accused offered the defence of honest mistake - The trial judge convicted the accused and held that the defence of honest mistake was not available to the accused - On appeal, the Alberta District Court directed a new trial - The District Court stated that even though the offence was one of strict liability the defence of honest mistake was available to the accused.

Cases Noticed:

R. v. Hickey (1976), 29 C.C.C.(2d) 23, folld. [paras. 10, 23].

Proudman v. Dayman (1943), 67 C.L.R. 536, refd to. [para. 13].

Sweet v. Parsley, [1969] 2 W.L.R. 470, folld. [para. 14].

R. v. Pierce Fisheries Limited, 3 N.S.R. 1965-69 1; [1971] S.C.R. 5, folld. [para. 17].

R. v. Custeau (1972), 17 C.R.(N.S.) 127, folld. [para. 19].

R. v. Hill, 1 N.R. 136; [1975] 2 S.C.R. 402, folld. [para. 21].

R. v. King, [1962] S.C.R. 746, folld. [para. 22].

R. v. Servico Limited, 4 A.R. 18, folld. [para. 24].

R. v. Oyer (1972), 8 C.C.C. 479, folld. [para. 25].

R. v. Edwards, 2 A.R. 359, folld. [para. 25].

Statutes Noticed:

Wildlife Act, R.S.A. 1970, c. 391, sect. 50(3) [para. 2].

Counsel:

R. Jobbins, for the Crown;

Mrs. P. Sveen, for the appellant.

The judgment of the Alberta District Court was delivered by TAVENDER, J.D.C., at Fort Macleod, Alberta on May 11, 1977.