R. v. R.G., (1993) 166 N.B.R.(2d) 351 (PC)

• Judge: McCarroll, P.C.J.
• Court: Provincial Court of New Brunswick (Canada)
• Case Date: January 13, 1993
• Jurisdiction: New Brunswick
• Citations: (1993), 166 N.B.R.(2d) 351 (PC)

R. v. R.G. (1993), 166 N.B.R.(2d) 351 (PC);

    166 R.N.-B.(2e) 351; 425 A.P.R. 351

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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Her Majesty The Queen v. R.G.

Indexed As: R. v. R.G.

New Brunswick Provincial Court

Judicial District of Saint John

McCarroll, P.C.J.

January 20, 1993.

Summary:

The accused was charged with causing a public disturbance contrary to s. 175(1)(a)(i) of the Criminal Code.

The New Brunswick Provincial Court convicted the accused.

Criminal Law - Topic 751

Disorderly conduct - Causing a public disturbance - A student, his mother, a teacher and the school principal were in the principal's office - The student and the principal were arguing - The student shouted "take your fucking school and stick it up your ass" - The student left the office - Going down the corridor he struck the wall twice saying "Fuck" and "Fuck You" and left the building - The words were heard by two female custodians who were in the corridor near the principal's office - The student was charged with creating a disturbance in a public place by swearing contrary to s. 175(1)(a)(i) of the Criminal Code - The New Brunswick Provincial Court convicted the student.

Cases Noticed:

R. v. Lohnes, [1992] 1 S.C.R. 167; 132 N.R. 297; 109 N.S.R.(2d) 145; 297 A.P.R. 145; 10 C.R.(4th) 125, appld. [para. 12].

R. v. C.D. (1973), 6 N.B.R.(2d) 200; 13 C.C.C.(2d) 206 (C.A.), not folld. [para. 12].

R. v. Swinimer (1978), 25 N.S.R.(2d) 512; 36 A.P.R. 512; 40 C.C.C.(2d) 432 (C.A.), folld. [para. 13].

R. v. Clothier (1975), 13 N.S.R.(2d) 141; 9 A.P.R. 141 (C.A.), folld. [para. 19].

R. v. Chikoski (1973), 14 C.C.C.(2d) 38 (Ont. Prov. Ct.), folld. [para. 21].

Statutes Noticed:

Criminal Code, R.S.C. 1985, c. C-46, sect. 175(1)(a)(i) [para. 1].

Counsel:

Not disclosed.

This case was heard on January 13, 1993, before McCarroll, P.C.J., of the New Bruns­wick Provincial Court, Judicial District of Saint John, who delivered the following judgment on January 20, 1993.