R. v. Griffin, (1981) 33 Nfld. & P.E.I.R. 57 (NFPC)

• Judge: Woodrow, P.C.J.
• Court: Newfoundland and Labrador Provincial Court (Canada)
• Case Date: May 27, 1981
• Jurisdiction: Newfoundland and Labrador
• Citations: (1981), 33 Nfld. & P.E.I.R. 57 (NFPC)

R. v. Griffin (1981), 33 Nfld. & P.E.I.R. 57 (NFPC);

    93 A.P.R. 57

MLB headnote and full text

R. v. Griffin

Indexed As: R. v. Griffin

Newfoundland Provincial Court

Woodrow, P.C.J.

May 27, 1981.

Summary:

The accused was charged with assaulting a police officer in the execution of his duty contrary to s. 246(2) of the Criminal Code.

The Newfoundland Provincial Court held that the officer was not engaged in the execution of his duty, but convicted the accused of common assault.

Civil Rights - Topic 3603

Detention and imprisonment - Arbitrary detention - What constitutes - The accused driver was stopped by the police for a routine check - At the time, the officer did not have any reason to suspect the accused was violating any provisions of the Highway Traffic Act or Criminal Code - The Newfoundland Provincial Court held that the officer did not have the authority to stop the accused's vehicle.

Criminal Law - Topic 1413

Assaults - Common assault - What constitutes - The accused driver was stopped by the police for a routine check - The officer gave the accused a breathalyzer demand, which the accused refused to comply with - The officer returned to the police vehicle to issue an appearance notice, when the accused slammed the door on the officer's leg and slapped the officer's face - The accused was arrested and again slapped the officer - The Newfoundland Provincial Court convicted the accused of common assault.

Criminal Law - Topic 1414

Assault of a police officer in the execution of his duty - The accused driver was stopped by the police for a routine check - The officer gave the accused a breathalyzer demand, which the accused refused to comply with - The officer returned to the police vehicle to issue an appearance notice, when the accused slammed the door on the officer's leg and slapped the officer's face - The accused was arrested and again slapped the officer - The Newfoundland Provincial Court held that the officer did not have authority to stop the accused's vehicle and therefore the officer was not acting in the execution of his duty.

Criminal Law - Topic 5861

Sentence - Common assault - The accused driver was stopped by the police for a routine check - The officer gave the accused a breathalyzer demand, which the accused refused to comply with - The officer returned to the police vehicle to issue an appearance notice when the accused slammed the door on the officer's leg end slapped the officer's face - The accused was arrested and again slapped the officer - The Newfoundland Provincial Court convicted the accused of common assault and gave a conditional discharge, placing the accused on two months probation - See paragraph 5.

Cases Noticed:

R. v. Dedman, 55 C.C.C.(2d) 112, refd to. [para. 3].

R. v. Rosicki (1980), 15 C.R.(3d) 293, refd to. [para. 3].

R. v. Stenning, [1970] 3 C.C.C. 145, refd to. [para. 3].

Statutes Noticed:

Criminal Code of Canada, R.S.C. 1970, c. C-34, sect. 246(2) [para. 1]; sect. 450 [para. 2].

Highway Traffic Act, R.S.N. 1970, c. 152, sect. 11(d) [para. 2].

Counsel:

D.C. Day, Q.C., for the accused.

Sydney White, for the Crown.

This case was heard by Woodrow, P.C.J., of the Newfoundland Provincial Court, who on May 27, 1981, delivered the following judgment: