R. v. Harriott (H.R.), (1992) 128 N.B.R.(2d) 155 (PC)

• Judge: Brien, P.C.J.
• Court: Provincial Court of New Brunswick (Canada)
• Case Date: March 24, 1992
• Jurisdiction: New Brunswick
• Citations: (1992), 128 N.B.R.(2d) 155 (PC)

R. v. Harriott (H.R.) (1992), 128 N.B.R.(2d) 155 (PC);

    128 R.N.-B.(2e) 155; 322 A.P.R. 155

MLB headnote and full text

[French language version follows English language version]

[La version française vient à la suite de la version anglaise]

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R. v. Hugh Richard Harriott

Indexed As: R. v. Harriott (H.R.)

New Brunswick Provincial Court

Brien, P.C.J.

March 24, 1992.

Summary:

The accused teacher was charged with assault after he used force to discipline a 14 year old student.

The New Brunswick Provincial Court acquitted the accused.

Criminal Law - Topic 1421

Assaults - Defences - Child correction - A 14 year old Grade 8 student was dis­rupting a class - The teacher grabbed the student by the head, shook him and pushed him back into his seat - The student was previously troublesome - No physical harm was caused - The force was not applied in anger, nor was it arbitrary - The New Brunswick Provincial Court acquitted the accused of assault, where the force used in correction was reasonable and not excessive.

Criminal Law - Topic 1421

Assaults - Defences - Child correction - The New Brunswick Provincial Court stated that whether force used in correction of a child was reasonable or excessive was a question of fact to be determined on the basis of the community standard in which it occurred - Any punishment motivated by arbitrariness, anger or bad humour may constitute an offence and punishment for correction must never be administered with the intention of physically injuring a child - The court must consider the nature of the offence calling for correction, the age and character of the child, the likely effect of the punishment on the child, the gravity of the punishment, the circumstances under which it was inflicted and any injuries suffered - See paragraphs 5 to 8.

Cases Noticed:

R. v. Metcalf (1927), 49 C.C.C. 260 (Sask. Dist. Ct.), refd to. [para. 5].

R. v. Derriviere (1960), 53 C.R. 637, refd to. [para. 6].

R. v. Burtt (1986), 75 N.B.R.(2d) 259; 188 A.P.R. 259 (Q.B.), refd to. [para. 6].

R. v. Dupperon (1984), 37 Sask.R. 84; 16 C.C.C.(3d) 453 (C.A.), refd to. [para. 7].

Ryan v. Phildays, [1938] 3 All E.R. 517, refd to. [para. 19].

Director of Public Prosecutions v. Ma­jusky, [1976] 2 All E.R. 142, refd to. [para. 20].

R. v. Sarwer-Foner (1979), 8 R.F.L.(2d) 342 (Ont. Prov. Ct.), refd to. [para. 23].

Statutes Noticed:

Criminal Code, R.S.C. 1985, c. C-46, sect. 43 [para. 4]; sect. 266(b) [para. 1].

Counsel:

C. Titus, for the Crown;

P. Hurley, for the accused.

This case was heard before Brien, P.C.J., of the New Brunswick Provincial Court, who delivered the following judgment orally on March 24, 1992.