R v. Kloet

R v. Kloet

The court must raise a no-evidence issue when an accused is unrepresented; the Crown failed to adduce any evidence that the arresting officer was engaged in the lawful execution of his duty because the officer arrested the accused for illegal possession of liquor without finding her committing that offence contrary...

Source-derived case information.

Citation
2023 NSPC 47
Parties
Prosecution: His Majesty the King; Accused: Michelle Yvonne Kloet
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
23 October 2023
Procedural Posture
Criminal Summary Offence (resisting a Peace Officer) / No Evidence Ruling at Close of Crown Case
Outcome
Charge dismissed (no-evidence)
Legal Topics
Resisting a Peace Officer, Lawful Execution of Duty, Arrest Powers, No Evidence Ruling, Liquor Control Act, S.495 Criminal Code
Source Language
english
Criminal Law Police Powers Evidence Resisting a Peace Officer Lawful Execution of Duty Arrest Powers No Evidence Ruling Liquor Control Act +1 more

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Parties

His Majesty the King

Prosecution

Michelle Yvonne Kloet

Accused

Procedural Posture

Criminal Summary Offence (resisting a Peace Officer) / No Evidence Ruling at Close of Crown Case

Legal Issues

  1. 1 Whether the court must raise a no-evidence issue sua sponte when the accused is unrepresented
  2. 2 Whether there was any evidence that the arresting officer was engaged in the lawful execution of his duty
  3. 3 Whether the elements of s.129(a) Criminal Code were proven when arrest was for an LCA offence but the officer did not find the accused committing the offence

Ratio Decidendi

The court must raise a no-evidence issue when an accused is unrepresented; the Crown failed to adduce any evidence that the arresting officer was engaged in the lawful execution of his duty because the officer arrested the accused for illegal possession of liquor without finding her committing that offence contrary to the Liquor Control Act and s.495(1)(b) Criminal Code; because that essential element of s.129(a) was unproven, the charge must be dismissed under s.804 Criminal Code.

Court Disposition

Charge dismissed (no-evidence)

Orders

  • Charge dismissed pursuant to s.804 of the Criminal Code