Territorial Court

Decision Information

Decision information:

Summary: Accused was found drunk and asleep in a lobby or hallway which gave access only to a number of self-contained residential suites. The door of the lobby was kept locked and only occupants were given keys . When aroused the accused made loud noises. The charge of unlawfully causing disturbance in or near a public place by being drunk was dismissed. Accused was within a dwelling house even though the larger building of which it formed a part might be described as a public place. Furthermore the fact of being drunk or making loud noice did not amount to creation of disturbance in the absence of evidence that someone had in fact been disturbed
Decision: Dismissed
Subjects: Criminal law - Disorderly conduct - Causing a disturbance

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