R. v. Wheaton, (1982) 35 Nfld. & P.E.I.R. 520 (NFPC)
Judge | Woodrow, P.C.J. |
Court | Newfoundland and Labrador Provincial Court (Canada) |
Case Date | March 09, 1982 |
Jurisdiction | Newfoundland 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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