Overcoming Resistance to Commission of Offence

Overcoming Resistance to Commission of Offence

The offence of disarming a peace officer is outlined in section 270.1(1) of the Criminal Code.

A person commits the offence of disarming a peace officer when they take or try to take a weapon from a peace officer who is engaged in the execution of his or her duty.

Examples

Person A tries to take the gun from the holster of a uniformed police officer who has stopped to ask person A questions about an ongoing crime.

Person B, an inmate, tries to grab a taser out of the hand of a corrections officer who is lawfully trying to use this taser on person B.

Cases

R. c. Bérubé, 2007 QCCQ 1377

In R. c. Bérubé, the accused, who was heavily intoxicated at the time, was charged with one count of disarming a peace officer when she tried to grab at the gun of an officer who was driving her home after responding to a 911 call about her.

Offence Specific Defences

Not a Peace Officer

Where the person is taking or trying to take a weapon from someone other than a peace officer, they have not completed the offence of disarming a peace officer.

Unlawful Actions of Peace Officer

Where the peace officer is not engaged in the exercise of their duties, meaning they are not acting in accordance with the powers conferred to them by law but are instead acting unlawfully, the person taking or trying to take their weapon may not have completed the offence of disarming a peace officer.

Not a Weapon

Where the person is taking or trying to take something other than a weapon from a peace officer executing their duties, they have not completed the offence of disarming a peace officer.

Consent

Where the peace officer consents to the other person taking the item in question, the person may not have completed the offence of disarming a peace officer.

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