Reference no: EM133284792
Scenario - You and your partner, Cst. Johnson, are dispatched to a disturbance to an apartment building around 21:15 hours on the 14th of October 2022. The complainant is a neighbour, Muriel Smith who lives in Unit #3 and lives next door. She says there has been yelling for the past 45 minutes to an hour. She knows a younger couple live in the apartment and moved in last month. The complainant does not know the people's names because they keep to themselves, and you believe they have a baby and a 2/3-year-old living with them. She says whatever is going on is "heated" and worried someone will get hurt. She has heard banging, and things being thrown around in the apartment. The baby and young child can be heard crying inside the apartment.
Approximately 10 minutes later the complainant calls back and says that things have quiet down for now. You and Cst. Johnson still attend. When you and your partner arrive, you do note that things are quiet. You perform a door knock and after a few minutes a male answers the door rubbing his eyes. It appears that the male was sleeping. You advise the male that you got a call about some yelling coming from the apartment. The male denies any yelling and says everyone is asleep. You can smell alcohol and a hint of marijuana and believe it is coming from the male. Your partner notices a plant is turned over and dirt on the floor in the hallway. Your partner asks the male about the plant and the male says one of the kids knocked it over earlier and was going to clean it up in the morning.
A female comes to the door with the baby and in her arms. She asks the male if everything is ok? and he turns to her and says "yes, go back and look after the baby". You notice the female's shirt is ripped at the bottom near the back and she appears she has been crying. The male said that everything is fine, and they must get the baby to bed and goes to close the door. You put your hand on the door to prevent it from closing and tell the male "Hold up". You ask the male if you and your partner can come in and ensure everyone is, ok? The male asks "if I let you in will you leave us alone so we can go to bed?". You tell the male "Yes". You can smell alcohol on the male's breath as you pass him. The male opens the door completely and allows you and your partner to walk pass. As you walk through the apartment you notice a lamp on the ground which appears broken and some towels on the floor where someone was cleaning up some liquid. Beer bottles are on the coffee table and some scattered on the ground as well. Just as you are walking through the apartment another officer shows up which happens to be a female officer, Cst. Lake. You motion to the female officer to go down the hallway in hopes she will be able to locate the female and speak to her privately. You and your partner question the male about the lamp and the mess of wet towels on the floor. The male states again it was the kids who knocked over the lamp and a cup that had juice in it. You question the male on everyone's names and date of births who live in the house. The male is cooperative and provides you with the following information.
Male: John Knight DOB: 1987/04/22
Female: Melissa Knight DOB: 1990/03/27
Toddler: Alexia Knight DOB: 2019/01/07
Baby: Neal Knight DOB: 2022/02/11
Address: 31 Elm Street, Unit #4 Belleville ON
Approximately 10 minutes later Cst, Lake emerges from a bedroom. John yells "hey, where did you come from?". John's face instantly turns angry and demands the officers leave his residence. You try to calm John down and ensure him that you will be leaving soon. Cst. Lake taps you on the shoulder and asks to talk to you. You and Cst. Lake walk into the kitchen area leaving your partner with John. You can hear your partners conversation with the John and can keep an eye on the two while you talk to Cst. Lake. Cst. Lake quietly says that the female, Melissa Knight, broke down and said her husband, John, pushed her tonight several times, once in the hallway which knocked over a plant. Also pushed her over in the living room into the end table knocking over the lamp and her daughter's cup full of juice. Further, Melissa lifts the back of her shirt, and she has two red marks on her back and the start of what appears to be a bruise. Melissa also stated that John said to her if she told anyone what happened that he would kill her and the kids. Melissa fears her husband right now and because he recently got fired from his job last week his behaviour has escalated. He has been breaking items, verbally abusive towards her and the kids and now tonight physical. Melissa says that her husband is not a heavy drinker but has been the last week or so and worry that the alcohol is causing his aggressive and violent behaviour. He also just started to smoke marijuana lately. He was drinking beer and smoked some marijuana earlier tonight. Melissa also showed Cst. Lake a broken cell phone that belongs to her. John broke it tonight after Melissa said she was going to call the police; they do not have a home phone. Melissa cries and says that she doesn't want her husband to get arrested but knows what he did was wrong and needs help.
Questions - After reading this scenario explain what you would do after receiving the information by Cst. Lake?
If you arrest John Knight do you have reasonable grounds or find committing? Support your answer
If you arrest the male what would be the charges? List and explain your evidence for those charges?
List any conditions you would put on John if he were to be arrested and released?
What release document would you use? Appearance Notice or Undertaking and why?