R. v. Potts (J.), (2012) 537 A.R. 159 (QB)

• Judge: Rosborough, P.C.J.
• Court: Provincial Court of Alberta (Canada)
• Case Date: Monday February 27, 2012
• Citations: (2012), 537 A.R. 159 (QB);2012 ABPC 78

R. v. Potts (J.) (2012), 537 A.R. 159 (QB)

MLB headnote and full text

Temp. Cite: [2012] A.R. TBEd. AP.012

Her Majesty the Queen v. Jasmin Potts (111154316P1; 2012 ABPC 78)

Indexed As: R. v. Potts (J.)

Alberta Provincial Court

Rosborough, P.C.J.

March 14, 2012.

Summary:

The accused was charged with failing to appear in court (Criminal Code, s. 145(5)). The accused knew she had an upcoming court date, but did not remember the date and time. She made minimal efforts to ascertain the correct date and time. The accused argued that the Crown failed to prove the requisite mens rea where she simply forgot her court date, which meant that she did not "intentionally" fail to appear.

The Alberta Provincial Court found the accused guilty of failing to appear.

Criminal Law - Topic 39

General principles - Mens rea or intention - Lack of knowledge or belief - [See Criminal Law - Topic 3269].

Criminal Law - Topic 3268

Compelling appearance, detention and release - Appearance and appearance notice - Failure to appear - General - [See Criminal Law - Topic 3269].

Criminal Law - Topic 3269

Compelling appearance, detention and release - Appearance and appearance notice - Failure to appear - Defences - The accused failed to appear on her scheduled trial date - She was charged with failing, without lawful excuse, to appear (Criminal Code, s. 145(5)) - The accused knew she had an upcoming court date, but forgot the details and made minimal efforts to ascertain the date and time - She argued that the Crown failed to prove the requisite mens rea where she simply "forgot" her court date, which meant that she did not "intentionally" fail to appear - The accused testified that she could not find the paper where the date was written down - However, she did not contact anyone, including the courthouse staff - She was present in the city where her trial was to be held at least three or four times before the trial, yet did not stop at the courthouse to find out her trial date, even though she knew it was coming up and she had no idea when it was - The Alberta Provincial Court found the accused guilty of failing to appear - The accused had the objective mens rea required - The accused, knowing that her trial date was upcoming, and failing to take other than minimal steps to find out the date and time, was either wilfully blind or reckless - The court stated that "honest or genuine forgetfulness (whether of the obligation to appear in court or the details of that appearance) that amounts to a marked departure from the standard of reasonable conduct will suffice for the mens rea of the offence".

Cases Noticed:

R. v. Hammoud (A.) (2012), 534 A.R. 80; 2012 ABQB 110, refd to. [para. 1].

R. v. Loutitt (E.S.) (2011), 527 A.R. 212; 2011 ABQB 545, refd to. [para. 1].

R. v. Bremmer (D.D.), [2006] A.R. Uned. 304; 2006 ABPC 93, refd to. [para. 9].

R. v. Eby (M.N.) (2007), 415 A.R. 273; 2007 ABPC 81, refd to. [para. 9].

R. v. Josephie (L.), [2010] Nunavut Cases Uned. 7; 2010 NUCJ 7, refd to. [para. 20].

R. v. Hubek (N.M.) (2011), 513 A.R. 194; 530 W.A.C. 194; 2011 ABCA 254, refd to. [para. 32].

R. v. Hubek (N.M.), [2011] A.R. Uned. 35; 2011 ABCA 86, refd to. [para. 33].

R. v. Briscoe (M.E.) et al. (2010), 400 N.R. 216; 477 A.R. 86; 483 W.A.C. 86; 2010 SCC 13, affing. (2008), 437 A.R. 301; 433 W.A.C. 301; 2008 ABCA 327, refd to. [para. 39].

Authors and Works Noticed:

Colvin and Anand, Principles of Criminal Law (3rd Ed. 2007), p. 203 [para. 43].

Counsel:

T. Wilson, for the Crown;

D. Lightning, for the accused.

This matter was heard on February 27, 2012, at Wetaskiwin, Alberta, before Rosborough, P.C.J., of the Alberta Provincial Court, who delivered the following judgment on March 14, 2012.