R. v. Smith

R. v. Smith

The court held that 'keep the peace' and 'be of good behaviour' are distinct: 'be of good behaviour' is confined to noncompliance with statutory or court obligations while 'keep the peace' covers violent or publicly disruptive conduct; on the agreed facts the accused engaged in violent public conduct amounting to a breach of the peace and therefore was guilty of failing to keep the peace under s.733.1(1).

Citation
2014 NSPC 44
Parties
Crown: Her Majesty the Queen; Accused: Travis Christopher Troy Smith
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
23 June 2014
Procedural Posture
Criminal Breach of Probation / Trial Judgment (s.733.1 Charge) Guilty Finding
Outcome
Guilty
Legal Topics
Breach of Probation, Keep the Peace and Be of Good Behaviour, Breach of the Peace, Mens Rea and Reasonable Excuse
Source Language
English
Criminal Law Probation Law Sentencing Breach of Probation Keep the Peace and Be of Good Behaviour Breach of the Peace Mens Rea and Reasonable Excuse

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Parties

Her Majesty the Queen

Crown

Travis Christopher Troy Smith

Accused

Procedural Posture

Criminal Breach of Probation / Trial Judgment (s.733.1 Charge) Guilty Finding

Legal Issues

  1. 1 Whether a conviction for failing to keep the peace and be of good behaviour under s.733.1(1) requires commission of a separate criminal offence
  2. 2 Whether the phrases 'keep the peace' and 'be of good behaviour' have distinct legal content
  3. 3 What mens rea and proof are required for breach of a probation condition

Ratio Decidendi

The court held that 'keep the peace' and 'be of good behaviour' are distinct: 'be of good behaviour' is confined to noncompliance with statutory or court obligations while 'keep the peace' covers violent or publicly disruptive conduct; on the agreed facts the accused engaged in violent public conduct amounting to a breach of the peace and therefore was guilty of failing to keep the peace under s.733.1(1).

Court Disposition

Guilty

Orders

  • Found guilty of failing to keep the peace and be of good behaviour contrary to s.733.1(1) of the Criminal Code.