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E45| Threatening the po-po. Is police perception pivotal to prosecution?
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In this episode, Mike discusses the Newfoundland and Labrador Court of Appeal decision R. v. Churchill, 2023 NLCA 26 where a man — ejected from a bar following a fight — was taken into police custody for being intoxicated in a public place. While handcuffed, and sitting in the secure rear seat of a police car parked outside the police lockup, the man told the officer, “I’m going to put my fucking boot in your head”. Did these words amount to an offence under the Criminal Code threatening provision? Did the fact the police officer…
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