On the authorities, the word "reside" is a word
of flexible meaning. While its usual meaning is that it refers to where one
sleeps, it has also been held that where a person leaves a residence for a
temporary purpose, with the intention of returning, he continues to reside at
the same residence. This was a criminal proceeding with penal and monetary
consequences and so, in our opinion, the requirement in the recognizance for
judicial interim release, that the appellant "reside with his mother" does not
preclude temporary absences particularly where, as here, such absences are
connected with one's job. Accordingly, the appeal is allowed, the conviction is
quashed and an acquittal is issued.
Stroud, 2007 ONCA 9 (endorsement) ( http://canlii.ca/t/1q83v ), at para. 1:
In the circumstances of this case, we are not
persuaded that the requirement to report any change of address is breached where
the offender regularly spends weekends with his girlfriend and returns to his
mother's home on Sunday evenings or Monday mornings. Considering Stroud's
personal effects, were at his mother's house and not at Sommerfeld's there was
no address established at Sommerfeld's house and therefore no actus reus for the
offence. The appeal is allowed, the conviction is set aside and an acquittal
entered.
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