Accused charged with assault and breach of the peace. Convicted of assault on the facts. Domestic dispute that occurred within the home occupied by the accused and complainant. Complainant locked herself in the bathroom. Accused tried to kick in the bathroom door. Issue as to whether the locked bathroom constituted “real property” within the meaning of s. 72 CC.
Held: Acquitted.
Section 72 requires that entry be made into real property “that is in the actual and peaceful possession of another.” The phrase “real property” contemplates the whole of the building in which the accused and complainant resided. “The “real property” is the residence, and not individual portions of the residence. Such an interpretation is consistent with the history of the offence (see R v Smith (1878) 43 UCQB 369).”
O. Sotoudehnia – Defence Counsel