What is the objective criteria for establishing that a reasonable person standing in the shoes of a police officer when responding to an allegation of assault?
Ontario, Canada
The following excerpt is from R. v. Rowland, 2018 ONCJ 868 (CanLII):
With respect to the objective criteria, case law establishes that the “reasonable person” standing in the shoes of the officer must possess the same information as the officer. That knowledge includes anything that might affect the reliability of the test. If it is part of the officer’s knowledge it is also part of the reasonable person’s knowledge. (See Regina v. Mastermartino, supra).
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the test for establishing that a defendant has raised a reasonable doubt as to the allegation that in driving her vehicle at the material time, she failed to exercise due care and attention or afford reasonable consideration to other persons using the highway? (Ontario, Canada)
How have courts struck down allegations of breach of fiduciary duty in pleadings against police officers and vicariously the police services board and police chief? (Ontario, Canada)
Is a police disciplinary record that is not in the control of the police force required to be disclosed by the police officer to the police community? (Ontario, Canada)
What is the defence of the good faith defence in the context of allegations of sexual assault against a police officer? (Ontario, Canada)
In what circumstances will the police be able to reasonably investigate allegations of sexual assault? (Ontario, Canada)
What is the test for "reasonableness" in determining whether there is a reasonable argument that the evidence supports the allegation of sexual assault? (Ontario, Canada)
In assessing whether a police officer has reasonable grounds to justify the arrest, what is the test for reasonable grounds? (Ontario, Canada)
What is the current sentencing range for an assault where the accused has pleaded guilty to a charge of assault, assault and sexual assault? (Ontario, Canada)
What is the test for reasonable grounds for establishing that reasonable grounds are reasonable grounds? (Ontario, Canada)
Is Rule 2.02 of the Rules of Civil Procedure applicable to Respondent Respondents to Respondents Respondents? (Ontario, Canada)
