R. v. Ward, (1979) 31 N.S.R.(2d) 79 (CA)

• Judge: MacKeigan, C.J.N.S., Coffin and Cooper, JJ.A.
• Court: Supreme Court of Nova Scotia (Canada)
• Case Date: February 01, 1979
• Jurisdiction: Nova Scotia
• Citations: (1979), 31 N.S.R.(2d) 79 (CA)

R. v. Ward (1979), 31 N.S.R.(2d) 79 (CA);

    52 A.P.R. 79

MLB headnote and full text

R. v. Ward

(S.C.A. 00166)

Indexed As: R. v. Ward

Nova Scotia Supreme Court

Appeal Division

MacKeigan, C.J.N.S., Coffin and Cooper, JJ.A.

February 1, 1979.

Summary:

This case arose out of an appeal by an accused against conviction and sentence. The accused was convicted and sentenced to two years imprisonment on a charge under s. 421(b) of the Criminal Code of Canada, R.S.C. 1970, c. C-34, of unlawfully attempting to wilfully set fire to the Cape Breton Correctional Centre. The accused, while in an isolation cell at the Cape Breton Correctional Centre, set fire to his pillow. The accused appealed.

The Nova Scotia Supreme Court, Appeal Division, considered the essential elements for proof of an attempt. See paragraphs 8 to 16. The Appeal Division allowed the appeal on grounds that the necessary inference of intention could not be properly drawn from the facts proved.

Criminal Law - Topic 2623

Attempts - Elements of offence - The Nova Scotia Court of Appeal stated that in order to find an accused guilty of an attempt, three essential elements must be proven; intention to commit the offence; some overt act or omission towards the commission of the offence; and noncommission of the offence - See paragraph 8.

Criminal Law - Topic 2625

Attempts - Intention - Proof of intention - The Nova Scotia Court of Appeal stated that in proving an attempt, the intention which must be proved is intention to commit the completed offence - The Appeal Division stated that intent, being a state of mind, cannot be proved as a fact but can only be inferred from the facts that are proved - See paragraphs 8 to 10.

Cases Noticed:

R. v. Kosh (1964), 44 C.R. 185, folld. [para. 8].

R. v. Cline (1956), 24 C.R. 58, appld. [para. 9].

R. v. Quinton (1947), 3 C.R. 6, folld. [para. 9].

Haughton v. Smith. [1974] 2 W.L.R. 1, appld. [para. 13].

Statutes Noticed:

Criminal Code of Canada, R.S.C. 1970, c. C-34, sect. 421(b) [para. 1]; sect. 24 [para. 13]; sect. 387 [para. 16].

Authors and Works Noticed:

Mewett and Manning, Criminal Law (1978), p. 141 [para. 9].

Counsel:

Appellant in person;

Martin E. Herschorn, for respondent.

This case was heard on November 23, 1978, before MacKEIGAN, C.J.N.S., COFFIN and COOPER, JJ.A., of the Nova Scotia Supreme Court, Appeal Division.

On February 1, 1979, the judgment of the Appeal Division was delivered by COOPER, J.A.: