Juma s/o Abdallah v. R., Crim. App. 789-D-67, 6/12/67, Biron J.

Juma s/o Abdallah v. R., Crim. App. 789-D-67, 6/12/67, Biron J.

Accused was convicted of conduct in a public place in such a manner as to cause a breach of the peace contrary to P.C. s. 89(b) and using abusive language contrary to P.C. s. 89(a). Both charges grew out of an abusive public shouting match between accused and complainant.

            Held: (1) Both convictions were quashed because there was no reasonable likelihood of a breach of the peace having arisen due to this altercation. (2) The court stated, obiter: Although the charge in two counts was proper, had accused been guilty he still should only have received one punishment as there was only one act of wrongdoing.