R. v. Dechamp

R. v. Dechamp

Because murder is an offence enumerated in s.469 and Part XIV prescribes jury trial as the mode of trial, there is no statutory election (deemed or otherwise) to trigger s.565(2) re-election; s.565(2) cannot be used to circumvent Part XIV, and a judge-alone trial for murder requires the Attorney General's consent under s.473(1).

Citation
2019 NSSC 249
Parties
Crown: Her Majesty the Queen; Accused: Tyrell Peter Dechamp
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
9 August 2019
Procedural Posture
Criminal / Mode of Trial Application (pre Trial)
Outcome
Application to re-elect to judge-alone denied; trials shall proceed before judge and jury.
Legal Topics
Mode of Trial, Election and Re Election, Indictment, Murder, Attorney General Consent
Source Language
English
Criminal Law Procedure Mode of Trial Election and Re Election Indictment Murder Attorney General Consent

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Parties

Her Majesty the Queen

Crown

Tyrell Peter Dechamp

Accused

Procedural Posture

Criminal / Mode of Trial Application (pre Trial)

Legal Issues

  1. 1 Whether s.565(2) re-election on a preferred indictment permits an accused charged with murder to elect trial by judge alone without Attorney General consent
  2. 2 Whether the statutorily prescribed mode of trial (judge and jury) for s.469 offences constitutes a deemed election entitling re-election rights
  3. 3 Whether Part XIX re-election provisions override the Part XIV scheme requiring AG consent for judge-alone trials in murder cases

Ratio Decidendi

Because murder is an offence enumerated in s.469 and Part XIV prescribes jury trial as the mode of trial, there is no statutory election (deemed or otherwise) to trigger s.565(2) re-election; s.565(2) cannot be used to circumvent Part XIV, and a judge-alone trial for murder requires the Attorney General's consent under s.473(1).

Court Disposition

Application to re-elect to judge-alone denied; trials shall proceed before judge and jury.

Orders

  • Both trials shall proceed before judge and jury; s.565(2) does not permit re-election to judge-alone for s.469 (murder) offences without Attorney General consent under s.473(1).