Paper Topic:

Case Summary & Analysis

Running head : R . V . BEAUDRY

R . v . Beaudry

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Abstract

In the law enforcement , police officers are granted with discretion they can exercise in deciding whether to a case against an accused or not . The case discussed in this will clarify the extent of the exercise of discretion and the parameters that should be considered by police officers in not to qualify their acts as violation of their sworn duty

R . v . Beaudry

Summary of the Decision

The issue of the case

resolved in the Supreme Court is whether the decision of the trial court is reasonable . The decision reached a five against four decision . The majority opinion upheld the decision of the trial court finding Sergeant Beaudry guilty of obstruction of justice and hence dismissed his appeal . On the other hand , the minority opinion suggested fro a new trial because of the obstruction of justice

In the resolution of the case , the majority opinion concluded that evidences presented were enough to establish that Sergeant Beaudry deliberately failed to take breath samples from Officer Mr . Plourde for the purpose of hiding the latter 's crime (Alain Beaudry and Her Majesty The Queen , Judgments of the Supreme Court of Canada . In reaching such decision , the majority established the relationship between a discretion and obstruction of justice . In the criminal justice system , police officers are granted with discretion which they apply in everyday routine of their duty . This discretion , however , is not absolute and should be...

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