R. v. Steen, (1982) 42 N.B.R.(2d) 526 (PC)

• Judge: Harper, P.C.J.
• Court: Provincial Court of New Brunswick (Canada)
• Case Date: October 20, 1982
• Jurisdiction: New Brunswick
• Citations: (1982), 42 N.B.R.(2d) 526 (PC)

R. v. Steen (1982), 42 N.B.R.(2d) 526 (PC);

    42 R.N.-B.(2e) 526; 110 A.P.R. 526

MLB headnote and full text

Sommaire et texte intégral

R. v. Steen

Indexed As: R. v. Steen

Répertorié: R. v. Steen

New Brunswick Provincial Court

Harper, P.C.J.

October 20, 1982.

Summary:

Résumé:

An accused was charged with mischief contrary to s. 387(4)(b) of the Criminal Code of Canada.

The New Brunswick Provincial Court dismissed the charge against the accused because the information was bad.

Criminal Law - Topic 7269

Summary conviction proceedings - Informations - Defects - Effect of correct reference to Code section number - The New Brunswick Provincial Court held that an accused was entitled, pursuant to s. 510 of the Criminal Code of Canada, to have the wording of the charge against him support and describe the offence in question - The court stated that the Crown cannot rely on the section number of the Code provision to support any deficiency - See paragraph 20.

Criminal Law - Topic 7285

Summary conviction proceedings - Informations - Form and content - Sufficiency of charge of mischief - An accused was charged with mischief - The information failed to indicate the name of the owner of the damaged property or if the property was owned by anyone at all, but did indicate the appropriate section number of the Criminal Code of Canada, namely, s. 387(4)(b) - The New Brunswick Provincial Court held that the information was bad and discharged the accused - See paragraphs 10 to 19.

Cases Noticed:

R. v. Van Hees (1957), 119 C.C.C. 129, consd. [para. 4].

R. v. Halliday (1975), 25 C.C.C.(2d) 141, consd. [para. 7].

R. v. Flindall (1978), 43 C.C.C.(2d) 65 (Ont. C.A.), consd. [para. 16].

R. v. Haggerty (1948), 91 C.C.C. 257, consd. [para. 18].

Statutes Noticed:

Criminal Code of Canada, R.S.C. 1970, c. C-34, sect. 510 [paras. 13, 19-20]; sect. 512 [para. 12-13].

Authors and Works Noticed:

Martin's Annual Criminal Code (1981), p. 944 [para. 14].

Counsel:

Keith McCormick, appearing for the Crown;

William Steen, appearing on his own behalf.

This case was heard before HARPER, P.C.J., of the New Brunswick Provincial Court, at Fredericton, New Brunswick, on October 20, 1982. The decision of HARPER, P.C.J., was delivered orally on October 20, 1982.