(Quebec) Visual artist David Dulac has been acquitted by the Quebec Court of Appeal. The judges concluded that the young man did not have the specific intent of making a death threat within a project of artistic work.
Dulac, a former student in visual arts from Université Laval, would never have been found guilty of death threats by the Court of Quebec July 19, 2013, the Court of Appeal slice.
For a year-end exhibition, David Dulac had given a text in which he described a performance project that was considered worrisome by his entourage.
The artist announced his intention to kidnap many children as possible by attracting them into his car with candy and video games. He then proposed to confine them in potato pockets, hang them from the ceiling and hit them with an iron mass. “The meaning of the work will be to demonstrate how beautiful and innocent little children will age through the contemporary world to become amorphous adults of tomorrow,” wrote the student.
After delivering the guilty verdict, Gilles Charest judge imposed a suspended sentence accompanied by probation of two years from the artist, who had so taken his freedom.
The sentence had been held in Superior Court.
The two judges erred in law now says the Court of Appeal.
“The judge of the Superior Court erred in law by failing to rule on the question of mens rea (intent) and judge of the Quebec Court erred in this respect by lowering the burden required to plan threats, “wrote the judges.
The evidence presented at trial demonstrates “that the appellant was not the specific intent required for a conviction of the offense of which he was accused,” said the Court of Appeal.