R. v. M.S.

R. v. M.S.

Joinder denied: the court was not satisfied the non-murder charges arose out of the same transaction as the murder under s.589(a), and even if they had, the exercise of discretion under s.591(3) shows the interests of justice disfavour joinder because joinder would cause general prejudice to a vulnerable young accused (including confusion from concurrent use of post-offence conduct) outweighing efficiency and witness convenience.

Citation
2012 NSPC 42
Parties
Crown: Her Majesty The Queen; Accused: M.S.
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
18 May 2012
Procedural Posture
Criminal Youth Justice (murder and Related Offences) / Pre Trial Joinder Application; Trial Scheduled
Outcome
Crown application for joinder dismissed
Legal Topics
Joinder, Severance, Murder, Post Offence Conduct, Youth Sentencing (adult Sentence), Section 589 Criminal Code, Section 591(3) Criminal Code
Source Language
English
Criminal Law Youth Justice Procedural Law Joinder Severance Murder Post Offence Conduct Youth Sentencing (adult Sentence) +2 more

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Parties

Her Majesty The Queen

Crown

M.S.

Accused

Procedural Posture

Criminal Youth Justice (murder and Related Offences) / Pre Trial Joinder Application; Trial Scheduled

Legal Issues

  1. 1 Whether the 14 non-murder charges arise out of the same transaction as the murder under s.589(a) Criminal Code
  2. 2 Whether joinder is required in the interests of justice under s.591(3) Criminal Code
  3. 3 Potential prejudice to a young accused from joinder including impact on ability to participate and to testify selectively

Ratio Decidendi

Joinder denied: the court was not satisfied the non-murder charges arose out of the same transaction as the murder under s.589(a), and even if they had, the exercise of discretion under s.591(3) shows the interests of justice disfavour joinder because joinder would cause general prejudice to a vulnerable young accused (including confusion from concurrent use of post-offence conduct) outweighing efficiency and witness convenience.

Court Disposition

Crown application for joinder dismissed

Orders

  • Joinder of the 14-count Information to the murder Information is denied
  • Murder trial to proceed July 9-20, 2012 in Youth Justice Court