R. v. Maurer (D.), 2015 SKQB 175

• Judge: Gabrielson, J.
• Court: Court of Queen's Bench of Saskatchewan (Canada)
• Case Date: June 18, 2015
• Jurisdiction: Saskatchewan
• Citations: 2015 SKQB 175;(2015), 477 Sask.R. 272 (QB)

R. v. Maurer (D.) (2015), 477 Sask.R. 272 (QB)

MLB headnote and full text

Temp. Cite: [2015] Sask.R. TBEd. JL.011

Her Majesty the Queen (appellant) v. Darren Maurer (respondent)

(2014 CA No. 29; 2015 SKQB 175)

Indexed As: R. v. Maurer (D.)

Saskatchewan Court of Queen's Bench

Judicial Centre of Saskatoon

Gabrielson, J.

June 18, 2015.

Summary:

The accused removed nude images of the complainant from the complainant's computer and posted them on the internet. The accused was charged with unauthorized use of a computer with intent to commit mischief (s. 342.1(1)(c) of the Criminal Code) and mischief in relation to data (s. 430(1.1)).

The Saskatchewan Provincial Court, in a decision reported at (2014), 447 Sask.R. 76, acquitted the accused on both charges. The Crown appealed.

The Saskatchewan Court of Queen's Bench dismissed the appeal.

Criminal Law - Topic 1649

Offences against property - Theft - Property capable of being stolen - [See second Criminal Law - Topic 1687 ].

Criminal Law - Topic 1687

Offences against property - Theft - Particular offences - Unauthorized use of computer - The accused was charged with unauthorized use of a computer with intent to commit mischief (s. 342.1(1)(c) of the Criminal Code) and mischief in relation to data (s. 430(1.1)) after he removed nude images of the complainant from the complainant's computer and posted them on the internet - The trial court acquitted the accused on both charges - The Crown appealed, asserting, inter alia, that the trial judge had erred in finding that, because the Crown had particularized in the charges that the accused had stolen the data before he posted it online, the Crown had to prove the theft of the data - The Saskatchewan Court of Queen's Bench dismissed the appeal, rejecting the Crown's argument that the use of the word "steal" in the charge as framed was surplusage - The surplusage rule did not apply here - The accused could be prejudiced if the allegation of stealing was removed or ignored - The accused could have been misled and could reasonably have expected that the Crown was committed to having to prove that a theft had occurred before the accused could be convicted - The Crown was required to prove the charge as worded, including the element that the accused had stolen the data - See paragraphs 11 to 15.

Criminal Law - Topic 1687

Offences against property - Theft - Particular offences - Unauthorized use of computer - The accused was charged with unauthorized use of a computer with intent to commit mischief (s. 342.1(1)(c) of the Criminal Code) and mischief in relation to data (s. 430(1.1)) after he removed nude images of the complainant from the complainant's computer and posted them on the internet - The trial court acquitted the accused on both charges, finding, inter alia, that the data alleged to have been stolen from the complainant's computer was not capable of being taken or converted in a manner that resulted in the deprivation of the complainant - The Crown appealed, asserting, inter alia, that the trial judge had erred in finding that the data did not come within the definition of property capable of being stolen - The Saskatchewan Court of Queen's Bench dismissed the appeal - The trial judge was correct in her determination that computer data consisting of nude images of the complainant was not capable of being stolen or converted within the meaning of s. 322(1) of the Criminal Code - See paragraphs 16 to 26.

Criminal Law - Topic 7251

Summary conviction proceedings - Informations - Crown bound to prove charge as stated in information - [See first Criminal Law - Topic 1687 ].

Criminal Law - Topic 7265

Summary conviction proceedings - Informations - Whether accused was prejudiced by defective information - [See first Criminal Law - Topic 1687 ].

Criminal Law - Topic 7287

Summary conviction proceedings - Informations - Surplusage - [See first Criminal Law - Topic 1687 ].

Counsel:

Michael A. Segu, for the appellant;

Christopher A. Lavier, for the respondent.

This appeal was heard by Gabrielson, J., of the Saskatchewan Court of Queen's Bench, Judicial Centre of Saskatoon, who delivered the following judgment on June 18, 2015.