R. v. C.L.
The Court held it was bound by its prior decision in R. v. N.F. that a school does not fall within the definition of "premises" in the Protection of Property Act; punctuation alone does not overturn the prior statutory interpretation, therefore the charge under s.3(1)(e) is a nullity and must be dismissed.
- Citation
- 2005 NSFC 21
- Parties
- Prosecution: Her Majesty the Queen; Accused: C.L.
- Court
- Nova Scotia Family Court
- Jurisdiction
- Canada
- Judgment Date
- 6 December 2005
- Procedural Posture
- Criminal / Decision on Applicability of Precedent and Dismissal of Charge
- Outcome
- Charge declared a nullity and dismissed
- Legal Topics
- Protection of Property Act, Definition of Premises, Stare Decisis, Dismissal as Nullity
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Her Majesty the Queen
Prosecution
C.L.
Accused
Procedural Posture
Criminal / Decision on Applicability of Precedent and Dismissal of Charge
Legal Issues
- 1 Whether R. v. N.F., 2004 NSFC 3 is applicable to the charge against the accused
- 2 Whether a school falls within the statutory definition of "premises" under the Protection of Property Act s.2(d)
- 3 Whether the Court can revisit its own prior decision in a criminal matter
Ratio Decidendi
The Court held it was bound by its prior decision in R. v. N.F. that a school does not fall within the definition of "premises" in the Protection of Property Act; punctuation alone does not overturn the prior statutory interpretation, therefore the charge under s.3(1)(e) is a nullity and must be dismissed.
Court Disposition
Charge declared a nullity and dismissed
Orders
- Charge declared a nullity and dismissed
Full Case Text
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