R. v. Mann

A Crown-entered stay under s.579 constitutes a suspension rather than an end to proceedings; a recommencement is not a new proceeding and therefore an earlier valid election by the accused to be tried by a judge alone survives the stay and recommencement, permitting the Crown to proceed on the first Direct Indictment where the re-election was made.

Citation: 2012 BCSC 1248
Parties: Crown: Regina; Accused: Rajan Singh Mann
Court: Supreme Court of British Columbia
Jurisdiction: Canada
Judgment Date: 20 August 2012
Procedural Posture: Criminal / Pre Trial Preliminary Ruling on Objection to Judge Alone Trial
Outcome: Preliminary objection overruled
Legal Topics: Mode of Trial, Jury Trial, Direct Indictment, Stay and Recommencement, Election to Trial by Judge Alone
Source Language: English

Criminal Law Criminal Procedure Mode of Trial Jury Trial Direct Indictment Stay and Recommencement Election to Trial by Judge Alone

Case Brief

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Parties

Regina

Crown

Rajan Singh Mann

Accused

Procedural Posture

Criminal / Pre Trial Preliminary Ruling on Objection to Judge Alone Trial

Legal Issues

1 Whether an accused must re-elect mode of trial when proceedings are recommenced following a Crown-entered stay and a second direct indictment is preferred
2 Whether an election to be tried by a judge alone survives a stay of proceedings and recommencement
3 Whether the Crown may proceed on an earlier indictment when a later indictment lacks the re-election required for judge-alone trial

Ratio Decidendi

Court Disposition

Preliminary objection overruled

Orders

Matter may proceed to trial before a judge sitting without a jury on the first Direct Indictment
Ban on publication pursuant to s.517(1) of the Criminal Code