R. v. Lis, (1983) 48 A.R. 157 (ProvCt)

Judge:Stevenson, P.C.J.
Court:Provincial Court (Alberta)
Case Date:July 29, 1983
Jurisdiction:Alberta
Citations:(1983), 48 A.R. 157 (ProvCt)
 
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R. v. Lis (1983), 48 A.R. 157 (ProvCt)

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R. v. Lis

(0143002335)

Indexed As: R. v. Lis

Alberta Provincial Court

Stevenson, P.C.J.

July 29, 1983.

Summary:

The accused was present in a residence, which was being lawfully searched by the police. A police officer asked the accused her name and the accused gave a false one. The request was ostensibly in pursuit of a general duty to execute any arrest warrants that might be outstanding against the accused; although the police officer had no reason to believe that any such warrants were outstanding. The accused was charged with obstructing a police officer in the execution of her duty by the giving of a false name.

The Alberta Provincial Court acquitted the accused on the ground that the police officer was not executing any duty in asking the accused her name.

Criminal Law - Topic 434

Offences against the administration of law and justice - Obstruction of police officer in execution of duty - The accused gave a false name to a police officer, who was conducting a lawful search of premises in which the accused was - The giving of the false name did not impede the search - The request for the accused's name was ostensibly made in execution of a duty to determine whether any arrest warrants were outstanding against the accused; although the police officer had no reason to believe that any such warrants were outstanding - The Alberta Provincial Court acquitted the accused of obstruction of a police officer in the execution of duty, because the police officer was not executing a duty in requesting the accused's name.

Statutes Noticed:

Criminal Code of Canada, R.S.C. 1970, c. C-34, sect. 30 [para. 7]; sect. 31(1) [para. 8]; sect. 31(2) [para. 9].

Police Act, R.S.A. 1980, c. P-12, sect. 31(1) [para. 10].

Counsel:

B.A. McLaren, for the Crown;

A.J. Brown, for the accused.

This case was heard on July 29, 1983, at Calgary, Alberta, before Stevenson, P.C.J., of the Alberta Provincial Court, who delivered the following oral judgment on July 29, 1983:

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