R. v. Jacquot

R. v. Jacquot

Trial judge accepted Crown witnesses over defence on key credibility points and found that Constable Thomas, acting in execution of duty, had apparent grounds under s.495(1)(b) to arrest Paratte for obstruction; evidence proved willful obstruction and subsequent resistance, so Paratte was convicted of obstruction and resisting arrest; Jacquot was acquitted of dangerous operation and mischief and of attempting to disarm the officer, but was convicted of obstruction for intentionally intervening and pulling at the officer's belt while he was executing his duties; assault charge against Jacquot was conditionally stayed.

Citation
2010 NSPC 13
Parties
Crown: Her Majesty the Queen; Accused: Martine L. Jacquot; Accused: Henri Paratte
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
5 March 2010
Procedural Posture
Criminal / Trial Judgment
Outcome
Guilty verdicts: Henri Paratte convicted of obstruction of a peace officer (s.129) and resisting arrest (s.129). Martine Jacquot convicted of obstruction of a peace officer (s.129); acquitted of dangerous operation (s.249) and of mischief (s.430) and acquitted of attempting to disarm a peace officer (s.270.1)....
Legal Topics
Obstruction of a Peace Officer, Resisting Arrest, Assaulting a Peace Officer, Dangerous Operation of a Motor Vehicle, Attempt to Disarm a Peace Officer, Mischief, Arrest Without Warrant, Credibility Assessment (w(d) Test)
Source Language
English
Criminal Law Road Traffic Law Police Powers and Arrest Obstruction of a Peace Officer Resisting Arrest Assaulting a Peace Officer Dangerous Operation of a Motor Vehicle Attempt to Disarm a Peace Officer +3 more

Case Brief

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Parties

Her Majesty the Queen

Crown

Martine L. Jacquot

Accused

Henri Paratte

Accused

Procedural Posture

Criminal / Trial Judgment

Legal Issues

  1. 1 Whether Crown proved dangerous operation of a motor vehicle
  2. 2 Whether Crown proved mischief as lesser included offence
  3. 3 Whether Constable had lawful authority to arrest without warrant under s.495(1)(b)

Ratio Decidendi

Trial judge accepted Crown witnesses over defence on key credibility points and found that Constable Thomas, acting in execution of duty, had apparent grounds under s.495(1)(b) to arrest Paratte for obstruction; evidence proved willful obstruction and subsequent resistance, so Paratte was convicted of obstruction and resisting arrest; Jacquot was acquitted of dangerous operation and mischief and of attempting to disarm the officer, but was convicted of obstruction for intentionally intervening and pulling at the officer's belt while he was executing his duties; assault charge against Jacquot was conditionally stayed.

Court Disposition

Guilty verdicts: Henri Paratte convicted of obstruction of a peace officer (s.129) and resisting arrest (s.129). Martine Jacquot convicted of obstruction of a peace officer (s.129); acquitted of dangerous operation (s.249) and of mischief (s.430) and acquitted of attempting to disarm a peace officer (s.270.1)....

Orders

  • Henri Paratte: convicted of obstructing a peace officer contrary to s.129 and resisting a peace officer contrary to s.129 (findings recorded)
  • Martine L. Jacquot: convicted of obstructing a peace officer contrary to s.129 (finding recorded)