R. v. Havelock (K.F.), 2004 MBQB 189

• Judge: Hanssen, J.
• Court: Court of Queen's Bench of Manitoba (Canada)
• Case Date: August 17, 2004
• Jurisdiction: Manitoba
• Citations: 2004 MBQB 189;(2004), 186 Man.R.(2d) 219 (QB)

R. v. Havelock (K.F.) (2004), 186 Man.R.(2d) 219 (QB)

MLB headnote and full text

Temp. Cite: [2004] Man.R.(2d) TBEd. AU.014

Her Majesty The Queen (respondent) v. Kenneth Francis Havelock (accused/appellant)

(CR 04-01-24870; 2004 MBQB 189)

Indexed As: R. v. Havelock (K.F.)

Manitoba Court of Queen's Bench

Winnipeg Centre

Hanssen, J.

August 17, 2004.

Summary:

The accused was charged with two counts of assaulting a police officer and one count of mischief. The Crown conceded that there was insufficient evidence respecting the mischief charge.

The Manitoba Provincial Court, in a decision reported at 186 Man.R.(2d) 197, convicted the accused of one count of assaulting a police officer. The accused appealed.

The Manitoba Court of Queen's Bench dismissed the appeal.

Criminal Law - Topic 1414

Offences against person and reputation - Assaults - Assault of a peace officer - Two police officers responded to a 911 "hang-up call" - They were told that, on "ring back", a female stated the call was a joke and that she lied about her name and then a male voice came to the phone and told the operator off - At the address, the police could hear yelling from the hallway of the apartment building - They heard a male yelling and swearing and could hear a female voice - The police did not hear any threats or sounds of an altercation - An officer (Kohut) knocked on the door - The accused answered and stood in the middle of the doorway - He yelled at police, asking what they wanted - Kohut explained that he was responding to a 911 call and needed to come in to make sure everything was okay - The accused yelled "no" and became angry - Kohut took one step to go past the accused into the apartment - The accused lunged forward and pushed Kohut across the hallway and against the wall and struggled with him - The Manitoba Court of Queen's Bench upheld the accused's conviction for assaulting a peace officer - The police officers had a duty at common law to respond to and ascertain the reason for the 911 call and to ensure that the female was safe - Kohut's attempt to enter the suite without permission was not an unjustifiable use of his powers associated with that duty - Therefore, Kohut was acting in the execution of his duties at the time of the assault - Given the accused's belligerent and uncooperative mood, it was reasonable for the police not to have asked the accused to have the female to come to the door or to have called out to her to come to the door.

Police - Topic 2204

Duties - General duties - Common law duties - [See Criminal Law - Topic 1414 ].

Police - Topic 2209

Duties - General duties - Duty to take preventive actions and investigate - [See Criminal Law - Topic 1414 ].

Police - Topic 3108

Powers - Investigation - Power to enter private property - [See Criminal Law - Topic 1414 ].

Cases Noticed:

R. v. Godoy (V.), [1999] 1 S.C.R. 311; 235 N.R. 134; 117 O.A.C. 127, refd to. [para. 9].

R. v. Dedman, [1985] 2 S.C.R. 2; 60 N.R. 34; 11 O.A.C. 241, refd to. [para. 13].

R. v. Simpson (R.) (1993), 60 O.A.C. 327; 12 O.R.(3d) 182 (C.A.), refd to. [para. 13].

Counsel:

Christine Le Quéré, for the Crown;

Martin J. Pollock and Derek M. Olson, for the accused/appellant.

This appeal was heard before Hanssen, J., of the Manitoba Court of Queen's Bench, Winnipeg Centre, who delivered the following judgment on August 17, 2004.