R. v. Sotiriou, Stamatis and Sarlas, (1979) 1 Man.R.(2d) 63 (CoCt)
Court | Provincial Court of Manitoba (Canada) |
Case Date | September 20, 1979 |
Jurisdiction | Manitoba |
Citations | (1979), 1 Man.R.(2d) 63 (CoCt) |
R. v. Sotiriou (1979), 1 Man.R.(2d) 63 (CoCt)
MLB headnote and full text
R. v. Sotiriou, Stamatis and Sarlas
Indexed As: R. v. Sotiriou, Stamatis and Sarlas
Manitoba County Court
Lockwood, C.C.J.
September 20, 1979.
Summary:
This headnote contains no summary.
Criminal Law - Topic 1153
Offences against public order - Offensive weapons - Weapon possessed for a dangerous purpose - What constitutes - Criminal Code of Canada, R.S.C. 1970, c. C-34, s. 85 - The owner and the cook of a restaurant tried to persuade two intoxicated and abusive customers to leave - As the confrontation became threatening, the owner armed himself with a baseball bat kept for the purpose - When one of the customers attacked the cook, the cook grabbed a kitchen knife, which made the customer back down and leave - The Manitoba County Court acquitted the owner and the cook of possession of weapons for a purpose dangerous to the public peace.
Criminal Law - Topic 1420
Assault - Defence - Self-defence - Criminal Code of Canada, R.S.C. 1970, c. C-34, ss. 34(1), 245 - The owner and the cook of a restaurant tried to persuade two intoxicated and abusive customers to leave - As the confrontation became threatening, the owner armed himself with a baseball bat kept for the purpose - When one of the customers attacked the cook, the cook grabbed a kitchen knife, which made the customer back down and leave - The Manitoba County Court acquitted the owner and the cook of assault causing bodily harm and held that they acted reasonably in self-defence.
Cases Noticed:
R. v. Winn (1978), 41 C.C.C.(2d) 259, appld. [para. 16].
R. v. Flack, [1969] 1 C.C.C. 55, appld. [para. 16].
R. v. Antley, [1964] 2 C.C.C. 142, appld. [para. 17].
R. v. Funell (1973), 12 C.C.C.(2d) 215, consd. [para. 18].
R. v. Richter (1970), 73 W.W.R.(N.S.) 140, appld. [para. 19].
R. v. Skagstead (1964), 46 W.W.R.(N.S.) 154, appld. [para. 22].
Statutes Noticed:
Criminal Code of Canada, R.S.C. 1970, c. C-34, sect. 34(1); sect. 245(2).
Liquor Control Act, R.S.M. 1970, c. L-160, sect. 131(4), sect. 131(5), sect. 131(6) [para. 21].
Counsel:
B. Kaplan, for the Crown;
D. McCaffrey, Q.C., for Gregorios Sotiriou and Paul Stamatis;
G. Mitchell, for James Sarlas.
This case was heard at Winnipeg, Manitoba, before LOCKWOOD, C.C.J., of the Manitoba County Court, who delivered the following judgment on September 20, 1979:
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