R. v. Krzychowiec

R. v. Krzychowiec

Police entry into the common hallway adjacent to the accused's apartment constituted an unauthorized entry into his dwelling-house and breached s.8; although the breach was serious, exclusion under s.24(2) would render the trial unfair, and the accused reasonably believed the officers were trespassers and used or threatened only such force as was necessary under ss.40-41 (and relevant ss.34,36,37), so the Crown failed to prove the offences beyond a reasonable doubt and the accused was acquitted of all charges.

Citation
2004 NSPC 60
Parties
Crown: Her Majesty the Queen; Accused: John Jan Krzychowiec
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
25 August 2004
Procedural Posture
Criminal / Trial Verdict (acquittal)
Outcome
Accused acquitted on all counts
Legal Topics
Section 8 Charter Unreasonable Search and Seizure, Section 24(2) Charter Exclusion of Evidence, Defence of Property (ss.40 41 Criminal Code), Assault and Assault With a Weapon (ss.265, 267), Uttering Threats (s.264.1), Trespass and Police Powers, Self Defence and Defences Under Ss.34, 36, 37 Criminal Code
Source Language
English
Criminal Law Constitutional Law Section 8 Charter Unreasonable Search and Seizure Section 24(2) Charter Exclusion of Evidence Defence of Property (ss.40 41 Criminal Code) Assault and Assault With a Weapon (ss.265,267) Uttering Threats (s.264.1) Trespass and Police Powers +1 more

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Parties

Her Majesty the Queen

Crown

John Jan Krzychowiec

Accused

Procedural Posture

Criminal / Trial Verdict (acquittal)

Legal Issues

  1. 1 Did the incidents occur within the accused's dwelling-house?
  2. 2 Were police authorised to be in the accused's dwelling-house?
  3. 3 Did police conduct violate s.8 of the Charter?

Ratio Decidendi

Police entry into the common hallway adjacent to the accused's apartment constituted an unauthorized entry into his dwelling-house and breached s.8; although the breach was serious, exclusion under s.24(2) would render the trial unfair, and the accused reasonably believed the officers were trespassers and used or threatened only such force as was necessary under ss.40-41 (and relevant ss.34,36,37), so the Crown failed to prove the offences beyond a reasonable doubt and the accused was acquitted of all charges.

Court Disposition

Accused acquitted on all counts

Orders

  • Accused found not guilty of all charges
  • No evidence excluded under s.24(2) despite s.8 breach