R. v. Brown

R. v. Brown

No abuse of process was established; the Crown's decision to prosecute is a core prosecutorial decision not subject to judicial second-guessing at this stage, therefore the court will not interfere and the trial shall proceed as scheduled by judge alone.

Citation
2014 BCSC 1689
Parties
Crown: Regina; Accused: Kenneth Peter Rick Brown
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
4 September 2014
Procedural Posture
Criminal / Pre Trial (trial Management Hearing; Re Election and Direction to Proceed)
Outcome
No interference with Crown's decision; no stay for abuse of process; trial to proceed by judge alone.
Legal Topics
Breach of Trust, Prosecutorial Discretion, Abuse of Process, Trial Management, Mens Rea
Source Language
English
Criminal Law Public Law Administrative Law Breach of Trust Prosecutorial Discretion Abuse of Process Trial Management Mens Rea

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Parties

Regina

Crown

Kenneth Peter Rick Brown

Accused

Procedural Posture

Criminal / Pre Trial (trial Management Hearing; Re Election and Direction to Proceed)

Legal Issues

  1. 1 Whether the Crown's decision to prosecute is reviewable at this stage or is protected by prosecutorial discretion
  2. 2 Whether there is an abuse of process sufficient to permit judicial intervention or a stay
  3. 3 Whether the accused's conduct meets the elements of breach of trust under s.122 of the Criminal Code

Ratio Decidendi

No abuse of process was established; the Crown's decision to prosecute is a core prosecutorial decision not subject to judicial second-guessing at this stage, therefore the court will not interfere and the trial shall proceed as scheduled by judge alone.

Court Disposition

No interference with Crown's decision; no stay for abuse of process; trial to proceed by judge alone.

Orders

  • Trial to commence September 9, 2014 before Romilly J.
  • Re-election to trial by judge alone accepted and trial management direction issued