R. v. Sasakamoose, (1989) 72 Sask.R. 230 (ProvCt)

• Judge: Goliath, P.C.J.
• Court: Provincial Court of Saskatchewan (Canada)
• Case Date: January 05, 1989
• Jurisdiction: Saskatchewan
• Citations: (1989), 72 Sask.R. 230 (ProvCt)

R. v. Sasakamoose (1989), 72 Sask.R. 230 (ProvCt)

MLB headnote and full text

Her Majesty the Queen, on the information of Sgt. Sheldon Novak, a member of the Prince Albert City Police, Peace Officer v. Dallas Sasakamoose, of Sandy Bay Reserve, in the Province of Saskatchewan

Indexed As: R. v. Sasakamoose

Saskatchewan Provincial Court

Prince Albert

Goliath, P.C.J.

January 5, 1989.

Summary:

The accused woman was charged with carrying a concealed weapon after she was arrested drunk at a hotel and was found to be in possession of a kitchen knife wrapped in newspaper.

The Saskatchewan Provincial Court acquitted the accused on the ground that the Crown did not prove that she intended to use the knife as a weapon.

Criminal Law - Topic 1123

Offences against public order - Weapons - Weapon - What constitutes - An intoxicated woman was arrested at a hotel and was found in possession of a kitchen knife with a 15 cm. blade wrapped in a piece of newspaper - She was charged with possession of a concealed weapon - The Saskatchewan Provincial Court acquitted the accused and held that the Crown failed to prove that the knife was intended to be used as a weapon - The court held that an ordinary kitchen knife is not per se a weapon and that whether it is a weapon depends on the manner of its use or its intended use.

Criminal Law - Topic 1166

Offences against public order - Weapons - Offensive - Carrying concealed weapon - [See Criminal Law - Topic 1123 above].

Cases Noticed:

R. v. Brooks (1988), 71 Sask.R. 297 (C.A.), consd. [para. 5].

R. v. Roberts (1987), 59 Sask.R. 68 (Q.B.), consd. [para. 7].

R. v. Starr (1983), 24 Sask.R. 161 (Q.B.), consd. [para. 8].

R. v. Blondell (1972), 8 C.C.C.(2d) 130, appld. [para. 9].

R. v. Thatcher (1986), 46 Sask.R. 241; 24 C.C.C.(3d) 499, appld. [para. 10].

Statutes Noticed:

Criminal Code, R.S.C. 1985, c. C-46, sect. 2 "weapon" [para. 3]; sect. 89 [para. 1].

Counsel:

Joseph M. Kulyk, for the Crown;

Charles Seto, with the accused.

This case was heard at Prince Albert, Saskatchewan before Goliath, P.C.J., of the Saskatchewan Provincial Court, who delivered the following judgment on January 5, 1989: