R. v. J.K.S.

R. v. J.K.S.

Given the context of a live shooting investigation where police granted the accused access to the wounded victim, the accused deliberately told the victim not to speak to police with the purpose of thwarting police efforts; that willful encouragement met the elements of obstruction under s.129(a). The accused then pushed a sergeant and actively resisted when arrested; those acts satisfied assault on a peace officer and resisting arrest, warranting convictions on all counts.

Citation
2013 NSPC 84
Parties
Crown: Her Majesty the Queen; Accused (young Person): J.K.S.
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
18 September 2013
Procedural Posture
Criminal (youth) / Trial Decision Guilty Verdict
Outcome
Accused found guilty on all counts: obstruction (s.129(a)), assault on a peace officer, resisting arrest, and breach of the peace (s.145(3)).
Legal Topics
Obstruction of a Peace Officer, Assault on a Peace Officer, Resisting Arrest, Breach of the Peace, Use of Force by Police, Mens Rea for Obstruction
Source Language
English
Criminal Law Youth Justice Police Powers Obstruction of a Peace Officer Assault on a Peace Officer Resisting Arrest Breach of the Peace Use of Force by Police +1 more

Case Brief

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Parties

Her Majesty the Queen

Crown

J.K.S.

Accused (young Person)

Procedural Posture

Criminal (youth) / Trial Decision Guilty Verdict

Legal Issues

  1. 1 Whether words spoken by the accused to the wounded victim constituted obstruction of a peace officer under s.129(a) of the Criminal Code
  2. 2 Whether the accused assaulted Sergeant MacNeil in the execution of her duties
  3. 3 Whether the accused resisted arrest by police officers

Ratio Decidendi

Given the context of a live shooting investigation where police granted the accused access to the wounded victim, the accused deliberately told the victim not to speak to police with the purpose of thwarting police efforts; that willful encouragement met the elements of obstruction under s.129(a). The accused then pushed a sergeant and actively resisted when arrested; those acts satisfied assault on a peace officer and resisting arrest, warranting convictions on all counts.

Court Disposition

Accused found guilty on all counts: obstruction (s.129(a)), assault on a peace officer, resisting arrest, and breach of the peace (s.145(3)).

Orders

  • Guilty: obstruction contrary to s.129(a) Criminal Code
  • Guilty: assault on Sergeant Joanne MacNeil in the execution of her duties