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).
"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 difference between duties owed to a corporation and the duty owed to shareholders? (Newfoundland and Labrador, Canada)
What is the standard of appeal and what is the test for determining that a third respondent’s solicitor acted in a conflict of interest? (Newfoundland and Labrador, Canada)
In a sexual assault trial where there are two versions of the same events, what is the role of the trial judge in determining whether the accused has proven his case beyond a reasonable doubt? (Newfoundland and Labrador, Canada)
How have courts interpreted section 11 of the Limitations Act? (Newfoundland and Labrador, Canada)
Does the duty of procedural fairness apply to the investigative stage of the administrative law process? (Newfoundland and Labrador, Canada)
What is the duty of a driver making a left turn across a lane of oncoming traffic? (Newfoundland and Labrador, Canada)
What is the test for making a contribution that does not qualify under section 29 of the Corporations Act? (Newfoundland and Labrador, Canada)
What are the costs of solicitor-client costs for misconduct in the course of a personal injury action? (Newfoundland and Labrador, Canada)
What is the solicitor’s duty to the beneficiary? (Newfoundland and Labrador, Canada)
What is the duty of a driver making a left-hand turn across a lane of oncoming traffic? (Newfoundland and Labrador, Canada)
