R. v. Malatestinic (B.), (1992) 128 N.B.R.(2d) 173 (PC)

JudgeBrien, P.C.J.
CourtProvincial Court of New Brunswick (Canada)
Case DateMay 01, 1992
JurisdictionNew Brunswick
Citations(1992), 128 N.B.R.(2d) 173 (PC)

R. v. Malatestinic (B.) (1992), 128 N.B.R.(2d) 173 (PC);

    128 R.N.-B.(2e) 173; 322 A.P.R. 173

MLB headnote and full text

[French language version follows English language version]

[La version française vient à la suite de la version anglaise]


R. v. Biljana Malatestinic

Indexed As: R. v. Malatestinic (B.)

New Brunswick Provincial Court

Brien, P.C.J.

May 1, 1992.


The accused was charged with shoplifting. Evidence was presented that the accused was in a state of extreme distress at the time of the offence.

The New Brunswick Provincial Court acquitted the accused.

Criminal Law - Topic 1645

Offences against property - Theft - Elements - Intention or mens rea - The accused was charged with shoplifting after she placed several items in her bag and pocket and left the store without paying for them - When the security guard ap­prehended her, the accused became very upset - The accused said she did not recall picking up the items - At the time of the offence the accused was extremely dis­tressed as a result of personal problems including an acrimonious divorce, employ­ment loss and medical problems - The New Brunswick Provincial Court acquitted the accused - The court held that the accused's testimony and her depressed state raised a doubt about whether she had the requisite mens rea.

Cases Noticed:

R. v. Bernard, [1988] 2 S.C.R. 833; 90 N.R. 321; 32 O.A.C. 161, refd to. [para. 6].

Statutes Noticed:

Criminal Code, R.S.C. 1985, c. C-46, sect. 334(b) [para. 1].


C. Titus, for the Crown;

B. Ljungstrom, for the accused.

This case was heard at Saint John, N.B., before Brien, P.C.J., of the New Brunswick Provincial Court, who delivered the follow­ing judgment on May 1, 1992.

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