R. v. MacIsaac
The information was duplicitous and the Crown neither elected nor sought amendment before closing its case; under the binding Haley precedent and given the stage of the proceedings the proper remedy is to quash the information.
- Citation
- 2008 NSPC 77
- Parties
- Crown: R.; Accused: Daniel Charles MacIsaac
- Court
- Nova Scotia Provincial Court
- Jurisdiction
- Canada
- Judgment Date
- 9 December 2008
- Procedural Posture
- Criminal / Application to Quash Information After Crown Closed Its Case
- Outcome
- Information quashed pursuant to Haley precedent
- Legal Topics
- Duplicitous Information, Amendment of Information, Crown Election, Quash Information
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
R.
Crown
Daniel Charles MacIsaac
Accused
Procedural Posture
Criminal / Application to Quash Information After Crown Closed Its Case
Legal Issues
- 1 Whether the information is duplicitous for charging two offences in a single count
- 2 Whether the Crown's failure to elect or to seek amendment before closing its case precludes curing the defect
- 3 Whether amendment to the information could be allowed after the Crown closed its case and the defence elected not to call evidence
Ratio Decidendi
The information was duplicitous and the Crown neither elected nor sought amendment before closing its case; under the binding Haley precedent and given the stage of the proceedings the proper remedy is to quash the information.
Court Disposition
Information quashed pursuant to Haley precedent
Orders
- Information quashed
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