R. v. St. Onge, (1978) 21 A.R. 354 (DC)

• Court: Court of Queen's Bench of Alberta (Canada)
• Case Date: December 12, 1978
• Citations: (1978), 21 A.R. 354 (DC)

R. v. St. Onge (1978), 21 A.R. 354 (DC)

MLB headnote and full text

R. v. St. Onge

Indexed As: R. v. St. Onge

Alberta District Court

Judicial District of Edmonton

Dea, D.C.J.

December 12, 1978.

Summary:

This headnote contains no summary.

Criminal Law - Topic 162

General principles - Elements of criminal conduct - Actus reus or act of the accused - The accused postal clerk was convicted of stealing from the post office - The accused, after collecting postage due money and putting it in her stamp drawer, neglected to affix the required postage due stamps on the parcels - The accused appealed her conviction on the ground that she did not take any money and her failure to affix the stamps was due to inadvertence resulting from a nervous condition for which she was being treated - The Crown argued the accused's repeated failure to affix stamps indicated a criminal intention to defraud the post office and once she received the money the offence was complete - The Alberta District Court allowed the appeal, because the Crown failed to prove any criminal act since all the accused did was put the money in her drawer as required - The District Court held that a criminal act must be established before the court becomes concerned with intention.

Cases Noticed:

R. v. Hauca (1977), 6 A.R. 228, appld. [para. 19].

Counsel:

R. Todd, for the appellant;

D. Kilgour, for the respondent.

This case was heard by DEA, D.C.J., of the Alberta District Court, Judicial District of Edmonton.

On December 12, 1978, DEA, D.C.J., delivered the following judgment: