R. v. Lucas (J.D.) et al., (1995) 132 Sask.R. 71 (QB)

• Judge: Hrabinsky, J.
• Court: Court of Queen's Bench of Saskatchewan (Canada)
• Case Date: April 13, 1995
• Jurisdiction: Saskatchewan
• Citations: (1995), 132 Sask.R. 71 (QB)

R. v. Lucas (J.D.) (1995), 132 Sask.R. 71 (QB)

MLB headnote and full text

Her Majesty The Queen v. Johanna Erna Lucas and John David Lucas

(1994 Q.B. No. 7)

Indexed As: R. v. Lucas (J.D.) et al.

Saskatchewan Court of Queen's Bench

Judicial Centre of Saskatoon

Hrabinsky, J.

April 13, 1995.

Summary:

The accused were both found guilty of defamatory libel contrary to s. 300 of the Criminal Code.

The Saskatchewan Court of Queen's Bench sentenced the accused John Lucas to impris­onment of two years less one day and the accused Johanna Lucas to 22 months' im­prisonment.

Editors Note: For previous cases involving these accused see 129 Sask.R. 53 and 129 Sask.R. 141.

Criminal Law - Topic 5970

Sentence - Defamatory libel - The ac-cused was found guilty of publishing matter without lawful justification or excuse that was likely to injure the reputa­tion of a police officer by exposing him to hatred, contempt or ridicule, or that was designed to insult the police officer, knowing that the matter published was false (Criminal Code, s. 300) - The accused had two prior convictions since 1988 - The Saskatchewan Court of Queen's Bench imposed a sentence of imprisonment of two years less one day - Specific and general deterrence were the main factors to be considered - The ac­cused's plea of justification was an aggra­vating factor.

Criminal Law - Topic 5970

Sentence - Defamatory libel - The ac­cused was found guilty of publishing matter without lawful justification or excuse that was likely to injure the reputa­tion of a police officer by exposing him to hatred, contempt or ridicule, or that was designed to insult the police officer, knowing that the matter published was false (Criminal Code, s. 300) - The accused had a previous conviction in 1988 for disobeying a court order - The Saskatchewan Court of Queen's Bench imposed a sentence of 22 months' impris­onment - Specific and general deterrence were the main factors to be considered - The accused's plea of justification was an aggravating factor.

Cases Noticed:

R. v. Keegstra, [1990] 3 S.C.R. 697; 117 N.R. 1; 114 A.R. 81; 61 C.C.C.(3d) 1, refd to. [para. 9].

Statutes Noticed:

Criminal Code, R.S.C. 1985, c. C-46, sect. 300 [para. 1]; sect. 612(3) [para. 12].

Authors and Works Noticed:

Brown, Raymond E., The Law of Defama­tion in Canada (2nd Ed. 1994), vol. 1, p. 4 [para. 7].

Veeder, VanVechten, The History and Theory of the Law of Defamation II, [1904] 4 Colum. L. Rev. 33, p. 33 [para. 8].

Counsel:

W.R. Donlevy, for the Crown;

R. Parker, for Johanna Erna Lucas and John David Lucas.

This case was heard before Hrabinsky, J., of the Saskatchewan Court of Queen's Bench, Judicial Centre of Saskatoon, who delivered the following judgment on April 13, 1995.