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

• Judge: Brien, P.C.J.
• Court: Provincial Court of New Brunswick (Canada)
• Case Date: May 01, 1992
• Jurisdiction: New 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]

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R. v. Biljana Malatestinic

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

New Brunswick Provincial Court

Brien, P.C.J.

May 1, 1992.

Summary:

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].

Counsel:

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.