R. v. Power (K.M.), (1988) 76 Nfld. & P.E.I.R. 271 (NFPC)

• Judge: Woodrow, P.C.J.
• Court: Newfoundland and Labrador Provincial Court (Canada)
• Case Date: November 21, 1988
• Jurisdiction: Newfoundland and Labrador
• Citations: (1988), 76 Nfld. & P.E.I.R. 271 (NFPC)

R. v. Power (K.M.) (1988), 76 Nfld. & P.E.I.R. 271 (NFPC);

    235 A.P.R. 271

MLB headnote and full text

Her Majesty The Queen v. Kevin Michael Power

Indexed As: R. v. Power (K.M.)

Newfoundland Provincial Court

Woodrow, P.C.J.

November 21, 1988.

Summary:

The accused was charged with knowingly conveying a threat to cause death or serious bodily harm to the Premier of Newfoundland contrary to s. 243.4 of the Criminal Code. The accused made the statements to the police over the telephone. The accused claimed that the statements were mere political comment.

The Newfoundland Provincial Court convicted the accused.

Criminal Law - Topic 1562

Offences against person and reputation - Threats - Threat - What constitutes - The accused was charged under s. 243.4(1)(a) of the Criminal Code with knowingly conveying a threat to cause death or serious injury - The accused telephoned the police and stated that the people of Newfoundland should arrange to have Premier Peckford assassinated - The accused also stated that he would arrange an assassination, if he ever won the lottery - The accused submitted that his statements were mere political comment - The Newfoundland Provincial Court convicted the accused and held that such statements went beyond political comment - See paragraph 14.

Criminal Law - Topic 1562

Offences against the person and reputation - Threats - Threat - What constitutes - The accused was charged with conveying a threat to cause death or serious bodily harm contrary to s. 243.4 of the Criminal Code - He stated that he would arrange the assassination of Premier Peckford, if he ever won the lottery - The accused claimed that the statement was not a threat because it was conditional - The Newfoundland Provincial Court convicted the accused - The court held that the contingency does not need to be in the maker's control as long as the maker of the threat is willing to act upon the occurrence of the contingency - See paragraph 9.

Criminal Law - Topic 1565

Offences against person or reputation - Threats - Intention or mens rea - The accused was charged with conveying a threat to cause death or serious bodily injury to the Premier of Newfoundland, contrary to s. 243.4 of the Criminal Code - The accused claimed that his statements were mere political comment - The Newfoundland Provincial Court convicted the accused - The court held "that the accused's motives, his intention to carry out the threat, or the threat's actual danger [were] not relevant considerations" - Neither was the effect of the threat upon the victim a consideration, nor the fact that the person threatened was unaware of the threat - See paragraphs 11 to 13.

Cases Noticed:

R. v. Ross (1986), 13 O.A.C. 340; 26 C.C.C.(3d) 413, folld. [para. 9].

R. v. Nabis, [1975] 2 S.C.R. 485; 2 N.R. 249; 18 C.C.C.(2d) 144, appld. [para. 12].

Statutes Noticed:

Criminal Code, R.S.C. 1970, c. C-34, sect. 243 [para. 10]; sect. 243.4 [paras. 1, 2, 5, 12]; sect. 331 [para. 12].

Authors and Works Noticed:

Shorter Oxford Dictionary, generally [para. 6].

Counsel:

B. Wicks, for the Crown;

B. Casey, for the defence.

This case was heard before Woodrow, P.C.J., of the Newfoundland Provincial Court, who delivered the following oral judgment on November 21, 1988.