R. v. Roberge, (1981) 35 N.B.R.(2d) 23 (CA)

• Judge: Cormier, C.J.C.Q.B., Bugold and Richard, JJ.A.
• Court: Court of Appeal (New Brunswick)
• Case Date: May 14, 1981
• Jurisdiction: New Brunswick
• Citations: (1981), 35 N.B.R.(2d) 23 (CA)

R. v. Roberge (1981), 35 N.B.R.(2d) 23 (CA);

    35 R.N.-B.(2e) 23; 88 A.P.R. 23

MLB headnote and full text

Sommaire et texte intégral

R. v. Roberge

(227/80/CA)

Indexed As: R. v. Roberge

Répertorié: R. v. Roberge

New Brunswick Court of Appeal

Cormier, C.J.C.Q.B., Bugold and Richard, JJ.A.

May 14, 1981.

Summary:

Résumé:

This case arose out of a charge against a police officer of careless use of a firearm contrary to s. 84 of the Criminal Code of Canada. The trial judge convicted the accused. The accused appealed to the New Brunswick Court of Queen's Bench. The Court of Queen's Bench allowed the appeal and acquitted the accused. The judgment of the Court of Queen's Bench is reported at 31 N.B.R.(2d) 668; 75 A.P.R. 668. The Crown appealed to the New Brunswick Court of Appeal.

The New Brunswick Court of Appeal allowed the appeal, set aside the judgment of the Court of Queen's Bench and restored the conviction of the accused.

Criminal Law - Topic 1437

Firearms - Careless use of a firearm - A Quebec policeman pursued a vehicle into Campbellton, N.B. - The policeman believed that the driver of the vehicle had committed the offence of dangerous driving - On a street in Campbellton the policeman fired three shots at the rear tire of the car - The driver could have been easily identified - The New Brunswick Court of Appeal held that the policeman in the circumstances was guilty of the careless use of a firearm.

Cases Noticed:

Priestman v. Colangelo and Smythson (1959), 124 C.C.C. 1 (C.S.C.), refd to. [para. 9].

Vaughan v. Taff Vale R. Co. (1860), 157 E.R. 1351, refd to. [para. 9].

Stanton v. Town of Rothesay (1979), 24 N.B.R.(2d) 579; 48 A.P.R. 579, refd to. [para. 11].

R. v. Shukster (1979), 23 A.R. 242, refd to. [para. 12].

Sunbeam Corporation (Canada) Ltd. v. The Queen, [1969] R.C.S. 221, refd to. [para. 14].

Statutes Noticed:

Criminal Code of Canada, R.S.C. 1970, c. C-34, sect. 25, sect. 26, sect. 84(2)(b), sect. 202(1), sect. 450 [para. 2].

Counsel:

J. Paul Theriault, Q.C., for the Crown/appellant;

Roger McIntyre, for the accused.

This appeal was heard by CORMIER, C.J.C.Q.B., BUGOLD and RICHARD, JJ.A., of the New Brunswick Court of Appeal on March 4, 1981.

The judgment of the Court of Appeal was delivered by RICHARD, J.A., on May 14, 1981.