Is there any doubt that a policeman unlawfully on premises is not acting in the course of his duty?

Newfoundland and Labrador, Canada


The following excerpt is from R v Thomas, 1991 CanLII 6850 (NL CA):

There should be no doubt, too, that a policeman unlawfully on premises is not acting in the course of his duty, at least visa-vis the person lawfully in possession. Resistance offered in response to what the police may do on such an occasion is not obstruction (although it may be another offence: Davis v. Lisle, [1936] 2 K.B. 434).

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