R. v. Galloway

R. v. Galloway

On the whole of the accepted evidence the arrests and entry were lawful under the circumstances, the officers acted to aid fellow officers and applied only such force as was necessary; the subjective beliefs of the officers were objectively reasonable and section 25 justified the force including the tazer use, therefore Crown failed to prove assault and assault with a weapon beyond a reasonable doubt and both accused are not guilty on both counts.

Citation
2006 NSPC 12
Parties
Crown/prosecution: Her Majesty the Queen; Accused: Mark Galloway; Accused: John Hope
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
24 March 2006
Procedural Posture
Criminal — Assault (s.266(b)) and Assault With a Weapon (s.267(a)) / Trial Judgment — Verdict Delivered (acquittal)
Outcome
Not guilty on both counts (acquitted)
Legal Topics
Arrest Without Warrant, Exigent Circumstances (s.529.3), Use of Force (s.25), Use of Conducted Energy Device/taser, Search and Entry Into Dwelling, Credibility Assessment, Assault With a Weapon (s.267(a))
Source Language
English
Criminal Law Police Powers Evidence Arrest Without Warrant Exigent Circumstances (s.529.3) Use of Force (s.25) Use of Conducted Energy Device/taser Search and Entry Into Dwelling +2 more

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Parties

Her Majesty the Queen

Crown/prosecution

Mark Galloway

Accused

John Hope

Accused

Procedural Posture

Criminal — Assault (s.266(b)) and Assault With a Weapon (s.267(a)) / Trial Judgment — Verdict Delivered (acquittal)

Legal Issues

  1. 1 Whether the entry into the accused's dwelling and the arrest were lawful
  2. 2 Whether section 25 defence (use of force by persons acting under authority) applies
  3. 3 Whether application of the tazer amounted to assault with a weapon under s.267(a) or excessive force

Ratio Decidendi

On the whole of the accepted evidence the arrests and entry were lawful under the circumstances, the officers acted to aid fellow officers and applied only such force as was necessary; the subjective beliefs of the officers were objectively reasonable and section 25 justified the force including the tazer use, therefore Crown failed to prove assault and assault with a weapon beyond a reasonable doubt and both accused are not guilty on both counts.

Court Disposition

Not guilty on both counts (acquitted)