Citation: R. v. Hope, 2007 NSCA 103
Date: 20071030
Docket: CAC 279514
Registry: Halifax
Between:
John Hope
Appellant
v.
Her Majesty the Queen
Respondent
Judge: The Honourable Justice Fichaud
Appeal Heard: September 24, 2007
Subject: Lawfulness of Arrest - assault by police officer
Summary: Police officer arrested suspect at her doorway. Suspect retreated into her home and police officer followed her into the home and apprehended her. Officer was charged with assault. Provincial Court acquitted. Supreme Court as Summary Conviction Appeal Court allowed the Crown’s appeal and ordered a new trial.
Issue: Was the arrest at the doorstep lawful? If so, the Crown acknowledged that the officer could enter the home in “hot pursuit” of escapee from custody and the officer would have a defence of lawful execution of duty under s. 25 of the Criminal Code.
Result: Trial judge found arrest at door to be lawful. The Crown did not appeal factual issues to the Summary Conviction Appeal Court. Subject to one issue, the prerequisites for lawful arrest at the door existed. The only issue was factual - whether the arresting touch occurred inside or outside the home. That factual matter was not appealed to the SCAC. So the SCAC erred in setting aside the acquittal. The Court of Appeal allowed the appeal and reinstated the acquittal.
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This information sheet does not form part of the court’s judgment. Quotes must be from the judgment, not this cover sheet. The full court judgment consists of 13 pages. |