R. c. Jacquot

R. c. Jacquot

Judge accepted prosecution witnesses over defence on key credibility points, found the officer was performing lawful duties and had apparent grounds under s.495(1)(b) to arrest Paratte for obstructing the investigation; Paratte voluntarily obstructed and then resisted a lawful arrest and was convicted of obstruction and resisting arrest; Jacquot voluntarily intervened and obstructed the officer and was convicted of obstruction but acquitted of dangerous driving, mischief and attempted disarmament because the injury/value element for mischief and intent to take the weapon were not proven beyond reasonable doubt.

Citation
2010 NSPCF 13
Parties
Prosecution: Her Majesty the Queen; Accused: Martine L. Jacquot; Accused: Henri Paratte
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
5 March 2010
Procedural Posture
Criminal Trial / Trial Judgment
Outcome
Martine Jacquot: convicted of obstruction of a peace officer (s.129); conditional stay/suspended disposition on assault on a peace officer (s.270) count; acquitted of dangerous driving (s.249) and mischief (s.430) and acquitted of attempted disarmament (s.270.1). Henri Paratte: convicted of obstruction of a peace...
Legal Topics
Obstruction of a Peace Officer, Resisting Arrest, Assault on a Peace Officer, Dangerous Driving, Mischief, Attempted Disarmament of a Peace Officer, Credibility Assessment
Source Language
English
Criminal Law Obstruction of a Peace Officer Resisting Arrest Assault on a Peace Officer Dangerous Driving Mischief Attempted Disarmament of a Peace Officer Credibility Assessment

Case Brief

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Parties

Her Majesty the Queen

Prosecution

Martine L. Jacquot

Accused

Henri Paratte

Accused

Procedural Posture

Criminal Trial / Trial Judgment

Legal Issues

  1. 1 Whether prosecution proved dangerous driving under s.249(2) beyond a reasonable doubt
  2. 2 Whether prosecution proved mischief as an included offence under s.430(1) beyond a reasonable doubt
  3. 3 Whether Martine Jacquot obstructed a peace officer (s.129) and/or attempted to disarm an officer (s.270.1)

Ratio Decidendi

Judge accepted prosecution witnesses over defence on key credibility points, found the officer was performing lawful duties and had apparent grounds under s.495(1)(b) to arrest Paratte for obstructing the investigation; Paratte voluntarily obstructed and then resisted a lawful arrest and was convicted of obstruction and resisting arrest; Jacquot voluntarily intervened and obstructed the officer and was convicted of obstruction but acquitted of dangerous driving, mischief and attempted disarmament because the injury/value element for mischief and intent to take the weapon were not proven beyond reasonable doubt.

Court Disposition

Martine Jacquot: convicted of obstruction of a peace officer (s.129); conditional stay/suspended disposition on assault on a peace officer (s.270) count; acquitted of dangerous driving (s.249) and mischief (s.430) and acquitted of attempted disarmament (s.270.1). Henri Paratte: convicted of obstruction of a peace...