R. v. MacInnis

R. v. MacInnis

Given the officers' firsthand observations of extreme intoxication, the defendant's documented history of volatility and violence toward police, absence of a responsible caregiver, hazardous conditions and a real risk of further offences or harm, the officers had reasonable grounds to arrest to prevent an apprehended breach of the peace; the defendant's act of spitting at officers constituted an assault, therefore conviction was warranted.

Citation
2014 NSPC 106
Parties
Crown: Her Majesty the Queen; Defendant: Deborah Ann MacInnis
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
17 April 2014
Procedural Posture
Criminal / Trial/verdict
Outcome
Found guilty on count 1 (assault on peace officers) and on counts 2 and 3 (breach of undertaking and breach of probation)
Legal Topics
Assault, Arrest for Apprehended Breach of the Peace, Breach of Undertaking, Breach of Probation, Common Law Police Powers, Use of Force and Detention
Source Language
English
Criminal Law Police Powers and Duties Public Order Assault Arrest for Apprehended Breach of the Peace Breach of Undertaking Breach of Probation Common Law Police Powers +1 more

Case Brief

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Parties

Her Majesty the Queen

Crown

Deborah Ann MacInnis

Defendant

Procedural Posture

Criminal / Trial/verdict

Legal Issues

  1. 1 Lawfulness of arrest for anticipated breach of the peace
  2. 2 Whether spitting by the defendant constituted an assault
  3. 3 Whether the breach of undertaking and breach of probation were proven

Ratio Decidendi

Given the officers' firsthand observations of extreme intoxication, the defendant's documented history of volatility and violence toward police, absence of a responsible caregiver, hazardous conditions and a real risk of further offences or harm, the officers had reasonable grounds to arrest to prevent an apprehended breach of the peace; the defendant's act of spitting at officers constituted an assault, therefore conviction was warranted.

Court Disposition

Found guilty on count 1 (assault on peace officers) and on counts 2 and 3 (breach of undertaking and breach of probation)

Orders

  • Convicted of assault and the two related breach offences; sentencing/order details not recorded in this decision