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: