City of Ottawa Bylaw Deputization Program

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PPSC Lawyer
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Re: City of Ottawa Bylaw Deputization Program

Postby PPSC Lawyer » Tue Apr 10, 2012 5:25 pm

SupahDuck wrote:
argyll wrote:Sometimes we seem to treat PPSC Lawyer as the worst of all Crowns. He hangs around and gives another point of view which can only be to the benfit of the discussion. It isn't his fault if any of our individual crowns are spineless.


True enough, and I do value PPSC's comments on a lot of different topics.

But it still begs the question: why is Assault PO almost always used as a bargaining chip for the other charges a suspect faces? Why can't it just be left alone, given its severity of impact to the administration of justice and maintenance of public order?

:ponder:


Well this brings the argument full circle - assault PO isn't always used as a bargaining chip. It is seen as serious given its impact on the maintenance of order.

Now that seriousness means you have to be a little bit judicious in when it is laid - given how widely assault is defined in 265 a lot of fairly routine behaviour could be classified as an assault PO. BUt I have no problem saying that if a subject is scrapping with a police officer it's a serious charge that usually attracts a period of jail.

Now never say never - if a fellow is going down on a major sex assault that might be difficult to prove would I consider dealing away the assault PO just to close the file? Perhaps (though in a perfect world I'd ask the officer invovled first).
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SupahDuck
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Re: City of Ottawa Bylaw Deputization Program

Postby SupahDuck » Tue Apr 10, 2012 9:29 pm

PPSC Lawyer wrote:
SupahDuck wrote:
argyll wrote:Sometimes we seem to treat PPSC Lawyer as the worst of all Crowns. He hangs around and gives another point of view which can only be to the benfit of the discussion. It isn't his fault if any of our individual crowns are spineless.


True enough, and I do value PPSC's comments on a lot of different topics.

But it still begs the question: why is Assault PO almost always used as a bargaining chip for the other charges a suspect faces? Why can't it just be left alone, given its severity of impact to the administration of justice and maintenance of public order?

:ponder:


Well this brings the argument full circle - assault PO isn't always used as a bargaining chip. It is seen as serious given its impact on the maintenance of order.

Now that seriousness means you have to be a little bit judicious in when it is laid - given how widely assault is defined in 265 a lot of fairly routine behaviour could be classified as an assault PO. BUt I have no problem saying that if a subject is scrapping with a police officer it's a serious charge that usually attracts a period of jail.

Now never say never - if a fellow is going down on a major sex assault that might be difficult to prove would I consider dealing away the assault PO just to close the file? Perhaps (though in a perfect world I'd ask the officer invovled first).


The plethora of feedback from the police officers here would indicate that in their experience, the Crown is quite willing to use the assault PO as a bargaining chip to close those "difficult files", as you put it. Glad to see that at least in your case, you ask first. :D In a perfect world, of course. :D
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Re: City of Ottawa Bylaw Deputization Program

Postby Gard » Sun Apr 29, 2012 11:12 am

basketcase wrote:Really? "Only" a push or a shove? If you lay your hands on a police officer in the course of their duties it should be assault police. If you're doing so while resisting arrest, it should be assault police with intent to resist arrest. There's no excuse for putting your hands on a police officer who's ONLY doing his or her job.


Personally, I'd never charge someone who shoved me with assault PO, or common assault if I wasn't on duty. That's the kind of thing you correct at the side of the road.

Look at it this way - when someone wants to have someone else charged with assault and you find out that said assault consisted of a shove, what's the first thing you think of?
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Re: City of Ottawa Bylaw Deputization Program

Postby Mongo » Sun Apr 29, 2012 9:14 pm

Gard wrote:Look at it this way - when someone wants to have someone else charged with assault and you find out that said assault consisted of a shove, what's the first thing you think of?

Good point.
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