Ontario Criminal


Assault

ASSAULTING PEACE OFFICER
12 months illegal sentence where Crown proceeded summarily but conviction upheld

Accused appealed his conviction and concurrent 12 month sentences for assault police officer and breach of probation. Police were called after accused was causing disturbance at hospital but let him go until they discovered that their computer showed he needed permission letter to be away from house arrest. Police sought out accused who was abusive and spat on police and he was initially arrested for breach of recognizance. It was subsequently discovered that police computer was not up to date as accused no longer needed letter and was just on probation. Appeal against sentence only allowed. Sentence was changed to six months as 12 months was illegal sentence where Crown proceeded summarily but conviction was upheld. Information relied on to make arrest may turn out to be inaccurate or unreliable, after further investigation. Where police rely on information that turned out to be false or unreliable, lawfulness of antecedent arrest depended on whether it was reasonable, in circumstances that existed at time. Police reasonably believed accused was in default of his recognizance which justified arrest and spitting on police was assault.

R. v. Boston (Jul. 28, 2014, Ont. S.C.J., M.A. Code J., File No. CR-13-30000-112AP) 115 W.C.B. (2d) 9.

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