1991-01-21 10:14
SECURITY BRANCH
the
fine
$75
imposed
802 868 2014 7.00
on
each
information is "excessive" and "wholly
inappropriate".
Whether actual nuisance has to be proved
It is submitted on behalf of the appellants, that in the absence of any evidence in this case of any nuisance, such as obstruction or annoyance to members of
because cannot stand the public, the convictions
the the offences essential ingredient of
offences under
under consideration is missing. sub-sections now
Section
places,
4 is headed: "Nuisance committed
etc." Counsel seeks
an
two
in public
assistance in the word
"nuisance" in the heading of the Section and reads that
word into
the
helpful
to
sub-sections.
However,
examine the wording of
it would be
A
sub-sections, e.g.,
sub-section
(5)
number
"causes
of
any
annoyance or obstruction";
endangers or may endanger";
dangerous to the public";
annoyance of",
sub-section (7)
sub-section (8)
sub-section (10)
"when it
"which
is
sub-section (14)
danger
of";
sub-section (22)
"to the
"to the damage OK
"disturbs
any
inhabitant";
etc.
Ιη those
sub-sections
the acts
complained of must result in actual nuisance before the offence is completed. On the other hand,
in other
sub-sections,
the
very
constitutes the
offence
which act
the without
is
kind
prohibited
of actual
nuisance described above, e.g. sub-section (3)
obeying
any call of nature; sub-section (9) leading any horse etc. upon any footpath;
d
sub-section (15) playing any
musical instrument in any public place; sub-section (30)
trespassing, etc.