R. v. Wheaton, (1982) 35 Nfld. & P.E.I.R. 520 (NFPC)

JudgeWoodrow, P.C.J.
CourtNewfoundland and Labrador Provincial Court (Canada)
Case DateMarch 09, 1982
JurisdictionNewfoundland and Labrador
Citations(1982), 35 Nfld. & P.E.I.R. 520 (NFPC)

R. v. Wheaton (1982), 35 Nfld. & P.E.I.R. 520 (NFPC);

    99 A.P.R. 520

MLB headnote and full text

R. v. Wheaton

Indexed As: R. v. Wheaton

Newfoundland Provincial Court

Woodrow, P.C.J.

March 9, 1982.

Summary:

A teacher was charged with common assault of a student.

The Newfoundland Provincial Court dismissed the charge.

Criminal Law - Topic 1413

Common assault - What constitutes - A 16 year old student disrupted class several times - The student was saucy when the teacher told him to work and defiant when the teacher slapped his face - The teacher grabbed the student by the hair and forced the student's face into the books on his desk - The Newfoundland Provincial Court held that there was no common assault, because the force used by the teacher was reasonable and justified within the defence of correction of a child in s. 43 of the Criminal Code.

Criminal Law - Topic 1421

Assaults - Defence - Child correction - A teacher was charged with common assault after disciplining a student - The Newfoundland Provincial Court discussed the defence of correction of a child in s. 43 of the Criminal Code - See paragraphs 4 and 5.

Cases Noticed:

R. v. Haberstock (1970), 1 C.C.C.(2d) 433, consd. [para. 5].

Statutes Noticed:

Criminal Code of Canada, R.S.C. 1970, c. C-34, sect. 43 [para. 4]; sect. 244(a) [para. 3]; sect. 245(1) [para. 1].

Schools Act, R.S.N. 1970, c. 346, sect. 83(2) [para. 7].

Counsel:

Cst. A. Galloway, for the Crown;

F. O'Day, for the defence.

This case was heard by WOODROW, P.C.J., of the Newfoundland Provincial Court, who on March 9, 1982, delivered the following decision:

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