R. v. Williams

R. v. Williams

The accused's conduct, although rude and offensive to the officer, did not interfere with the ordinary and customary use of the public place by others; emotional disturbance of the officer alone does not satisfy s.175(1)(a); therefore the accused is not guilty.

Citation
2006 NSPC 37
Parties
Crown/prosecution: R.; Defendant: David Harold Williams
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
6 September 2006
Procedural Posture
Criminal Summary Conviction / Trial Verdict (decision)
Outcome
Not guilty
Legal Topics
Disturbing the Peace, Section 175(1)(a) Criminal Code, Cause a Disturbance, Application of R. V. Lohnes
Source Language
English
Criminal Law Public Order Disturbing the Peace Section 175(1)(a) Criminal Code Cause a Disturbance Application of R. V. Lohnes

Case Brief

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Parties

R.

Crown/prosecution

David Harold Williams

Defendant

Procedural Posture

Criminal Summary Conviction / Trial Verdict (decision)

Legal Issues

  1. 1 Whether the accused's conduct caused an externally manifested disturbance of the public peace within the meaning of s.175(1)(a) of the Criminal Code
  2. 2 Whether emotional upset of a police officer, without interference with ordinary and customary public use of the place, satisfies s.175(1)(a)

Ratio Decidendi

The accused's conduct, although rude and offensive to the officer, did not interfere with the ordinary and customary use of the public place by others; emotional disturbance of the officer alone does not satisfy s.175(1)(a); therefore the accused is not guilty.

Court Disposition

Not guilty

Orders

  • Defendant acquitted