R. v. McCormick

R. v. McCormick

The judge found no evidence of police or prosecutorial misconduct sufficient to constitute an abuse of process or s.7 Charter breach, rejected entrapment (no inducement or provision of opportunity absent reasonable suspicion), concluded disclosure obligations were satisfied or irrelevant to guilt, and therefore dismissed the stay application; convictions were entered on counts 1–5 and acquittals on the remaining counts.

Citation
2012 NSSC 288
Parties
Crown: Her Majesty the Queen; Accused: Daren Wayne McCormick
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
14 March 2012
Procedural Posture
Criminal / Post Trial Motion for Stay Under S.24 of the Canadian Charter of Rights and Freedoms
Outcome
Application for a stay under s.24 dismissed; convictions entered on counts one through five; acquittals entered on the remaining counts.
Legal Topics
Charter S.24 Stay, Charter S.7 Abuse of Process, Entrapment, Disclosure Obligations (stinchcombe/o'connor), Search and Seizure
Source Language
English
Criminal Law Constitutional Law Evidence Charter S.24 Stay Charter S.7 Abuse of Process Entrapment Disclosure Obligations (stinchcombe/o'connor) Search and Seizure

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Parties

Her Majesty the Queen

Crown

Daren Wayne McCormick

Accused

Procedural Posture

Criminal / Post Trial Motion for Stay Under S.24 of the Canadian Charter of Rights and Freedoms

Legal Issues

  1. 1 Whether police or prosecution misconduct amounted to an abuse of process or s.7 Charter violation warranting a stay under s.24
  2. 2 Whether the evidence establishes entrapment
  3. 3 Whether disclosure obligations were breached such that the accused's right to full answer and defence was impaired

Ratio Decidendi

The judge found no evidence of police or prosecutorial misconduct sufficient to constitute an abuse of process or s.7 Charter breach, rejected entrapment (no inducement or provision of opportunity absent reasonable suspicion), concluded disclosure obligations were satisfied or irrelevant to guilt, and therefore dismissed the stay application; convictions were entered on counts 1–5 and acquittals on the remaining counts.

Court Disposition

Application for a stay under s.24 dismissed; convictions entered on counts one through five; acquittals entered on the remaining counts.

Orders

  • Stay application dismissed
  • Convictions entered on counts 1, 2, 3, 4 and 5 of the indictment