R. v. Budhoo, 2015 ONCA 912
[72] The appellant was convicted of weapons dangerous in relation to the knife used in the stabbing. The use of a dangerous weapon for a dangerous purpose is not enough for a finding of guilt. The jury must find that the appellant possessed the knife for a purpose dangerous to the public peace.
[73] That purpose must be determined at the instant of time which preceded the use of the weapon. The use of a knife in a manner dangerous to the public peace does not constitute the offence, although the formation of the unlawful purpose may be inferred from the circumstances in which the knife was used: see R. v. Proverbs (1983), 1983 CanLII 3547 (ON CA), 9 C.C.C. (3d) 249 (Ont. C.A.), at 251.
Aucun commentaire:
Publier un commentaire