R. v. Neveau, (1991) 102 N.S.R.(2d) 417 (ProvCt)

• Judge: Gibson, P.C.J.
• Court: Provincial Court of Nova Scotia (Canada)
• Case Date: January 31, 1991
• Jurisdiction: Nova Scotia
• Citations: (1991), 102 N.S.R.(2d) 417 (ProvCt)

R. v. Neveau (1991), 102 N.S.R.(2d) 417 (ProvCt);

    279 A.P.R. 417

MLB headnote and full text

Her Majesty The Queen (informant) v. Lisa Jean Neveau (defendant)

(138283)

Indexed As: R. v. Neveau

Nova Scotia Provincial Court

Gibson, P.C.J.

March 25, 1991.

Summary:

The accused was charged with possession of a prohibited weapon.

The Nova Scotia Provincial Court acquitted the accused.

Criminal Law - Topic 1142

Prohibited weapons - Intent or mens rea - During a move to a new residence, a switchblade knife owned by the accused's husband fell from a drawer - The accused put it in her purse - Days later she was taken to hospital after a fainting spell - Nurses found the knife - The accused was charged with possessing a prohibited weapon - The Nova Scotia Provincial Court stated that the knife came under paragraph (b) of the definition of prohibited weapon in s. 84 of the Criminal Code - The accused lacked the requisite knowledge or recklessness for conviction - The court compared the intent required under paragraph (e) of the definition.

Cases Noticed:

R. v. Coleman (1987), 81 A.R. 208; 59 C.R.(3d) 85, consd. [para. 10].

R. v. Roberts (1990), 99 N.S.R.(2d) 81; 270 A.P.R. 81, consd. [para. 11].

R. v. Kilpatrick, 31 C.C.C.(3d) 344, consd. [para. 13].

Statutes Noticed:

Criminal Code, R.S.C. 1970, c. C-34, sect. 82(1) [para. 19].

Criminal Code, R.S.C. 1985, c. C-46, sect. 2 [para. 7]; sect. 84(1) [paras. 6, 9]; sect. 89 [para. 12]; sect. 90(1)(b) [para. 5].

Counsel:

Stephanie Cleary, for the Crown;

Ann Copeland, for the defence.

This case was heard on January 31, 1991, before Gibson, P.C.J., of the Nova Scotia Provincial Court, who delivered the following judgment on March 25, 1991.