R. v. Plamondon (B.K.), [2015] A.R. TBEd. DE.136

• Judge: LeReverend, P.C.J.
• Court: Provincial Court of Alberta (Canada)
• Case Date: December 14, 2015
• Citations: [2015] A.R. TBEd. DE.136;2015 ABPC 265

R. v. Plamondon (B.K.), [2015] A.R. TBEd. DE.136

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Currently being edited for A.R. - judgment temporarily in rough form.

Temp. Cite: [2015] A.R. TBEd. DE.136

Her Majesty the Queen v. Brendon Kelly Plamondon

(150082584P1; 2015 ABPC 265)

Indexed As: R. v. Plamondon (B.K.)

Alberta Provincial Court

LeReverend, P.C.J.

December 14, 2015.

Summary:

The accused was an RCMP member. He attempted to arrest the complainant, a small 15 year old girl, and two other girls for mischief (setting a book on fire on the road). The complainant did not comply with the accused's verbal commands. Among other things, she refused to remove her hands from her pockets. The accused physically subdued the complainant. He was charged with assault (Criminal Code, s. 266) as a result of the manner in which he effected the complainant's arrest.

The Alberta Provincial Court found the accused not guilty. The court found that his use of force was appropriate and not excessive. The accused subjectively believed that he had reasonable grounds to take control of the complainant and his decision was objectively reasonable. Because of her youth and size he did not expect the complainant to pull away or to fight as she did when he tried to take her to the ground. The court accepted the accused's testimony that he "was playing Catch-up".

Police - Topic 3063

Powers - Arrest and detention - Without warrant - Reasonable and probable grounds - See paragraphs 80 to 94.

Police - Topic 3065

Powers - Arrest and detention - Use of excessive force - See paragraphs 95 to 111.

Counsel:

B.C. Kristensen, for the Crown;

D.D. Sprake, for the Defence.

This case was heard by LeReverend, P.C.J., of the Alberta Provincial Court, who delivered the following decision on December 14, 2015.