R. v. Ofume

R. v. Ofume

On the accepted evidence the accused intentionally touched the driver without consent constituting assault and, having reasonable grounds to suspect her connection to the assault and having attempted an investigatory detention which she sought to evade and refused to identify herself for, the constable lawfully arrested her; subsequent resistance to handcuffing constituted resisting a peace officer; there was insufficient evidence of racial motivation or police misconduct to negate the lawfulness of the detention and arrest.

Citation
2005 NSPC 6
Parties
Crown: R.; Accused: Maureen Ngozi Ofume
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
16 February 2005
Procedural Posture
Criminal / Trial — Verdict/decision
Outcome
Accused found guilty of assaulting the bus driver and of resisting a peace officer during a lawful arrest; no finding of racial motivation by police
Legal Topics
Assault, Resisting Arrest, Investigative Detention, Racial Profiling, Charter Equality Rights
Source Language
English
Criminal Law Constitutional Law Police Powers and Procedure Human Rights / Discrimination Assault Resisting Arrest Investigative Detention Racial Profiling +1 more

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Parties

R.

Crown

Maureen Ngozi Ofume

Accused

Procedural Posture

Criminal / Trial — Verdict/decision

Legal Issues

  1. 1 Whether the accused applied force to the bus driver without consent (assault)
  2. 2 Whether the police were lawfully executing their duty when arresting the accused
  3. 3 Whether detention/arrest and police conduct were motivated by race or amounted to racial profiling or Charter breach

Ratio Decidendi

On the accepted evidence the accused intentionally touched the driver without consent constituting assault and, having reasonable grounds to suspect her connection to the assault and having attempted an investigatory detention which she sought to evade and refused to identify herself for, the constable lawfully arrested her; subsequent resistance to handcuffing constituted resisting a peace officer; there was insufficient evidence of racial motivation or police misconduct to negate the lawfulness of the detention and arrest.

Court Disposition

Accused found guilty of assaulting the bus driver and of resisting a peace officer during a lawful arrest; no finding of racial motivation by police

Orders

  • Convictions entered for unlawfully assaulting Mario Minguy (Criminal Code s.265) and for unlawfully resisting Constable Kevin McNeill while engaged in the lawful execution of his duty
  • No relief granted on allegations of racial profiling or police misconduct