R. v. Peniston

R. v. Peniston

The touching was trivial, consensual or innocuous and falls within the de minimis non curat lex principle; objectively a reasonable officer placed in the constable's position did not have reasonable and probable grounds to arrest under s.495, therefore the Crown failed to prove assault beyond a reasonable doubt and the accused is acquitted.

Citation
2003 NSPC 2
Parties
Accused: John Mark Peniston; Complainant: Nancy Peniston; Prosecutor: Regina (Crown)
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
15 January 2003
Procedural Posture
Criminal Assault (domestic) / Trial Decision (provincial Court)
Outcome
Acquittal (not guilty)
Legal Topics
Assault, De Minimis Non Curat Lex, Arrest Without Warrant, Reasonable and Probable Grounds, Public Interest Arrest, Consent, Summary Conviction Procedure
Source Language
English
Criminal Law Domestic Violence Constitutional Law Police Powers Evidence Assault De Minimis Non Curat Lex Arrest Without Warrant +4 more

Case Brief

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Parties

John Mark Peniston

Accused

Nancy Peniston

Complainant

Regina (Crown)

Prosecutor

Procedural Posture

Criminal Assault (domestic) / Trial Decision (provincial Court)

Legal Issues

  1. 1 Whether the accused's touching amounted to criminal assault
  2. 2 Whether the common law defence de minimis non curat lex applies
  3. 3 Whether the warrantless arrest was lawful under Criminal Code s.495

Ratio Decidendi

The touching was trivial, consensual or innocuous and falls within the de minimis non curat lex principle; objectively a reasonable officer placed in the constable's position did not have reasonable and probable grounds to arrest under s.495, therefore the Crown failed to prove assault beyond a reasonable doubt and the accused is acquitted.

Court Disposition

Acquittal (not guilty)

Orders

  • Accused John Mark Peniston found not guilty and acquitted on the record