R. v. Johnson

R. v. Johnson

Section 662(3) of the Criminal Code prohibits leaving any offence other than manslaughter or infanticide to the jury on a murder count; therefore the preliminary inquiry judge cannot commit the accused on additional offences (dangerous driving causing death and criminal negligence causing death) that would circumvent s.662(3), and the accused is committed only on the second-degree murder charge.

Citation
2022 NSPC 45
Parties
Crown: His Majesty the King; Accused: Terry Richard Johnson
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
25 November 2022
Procedural Posture
Criminal Second Degree Murder / Preliminary Hearing (committal Decision)
Outcome
Application to add counts for Dangerous Driving Causing Death and Criminal Negligence Causing Death denied; accused committed to stand trial on charge of second-degree murder.
Legal Topics
Murder, Manslaughter, Included Offences, Preliminary Inquiry, Committal to Trial, Dangerous Driving Causing Death, Criminal Negligence Causing Death, Section 662(3) Interpretation
Source Language
English
Criminal Law Procedure Statutory Interpretation Murder Manslaughter Included Offences Preliminary Inquiry Committal to Trial +3 more

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Parties

His Majesty the King

Crown

Terry Richard Johnson

Accused

Procedural Posture

Criminal Second Degree Murder / Preliminary Hearing (committal Decision)

Legal Issues

  1. 1 Whether a preliminary inquiry judge can commit an accused to stand trial on additional offences not originally charged that arise from the same facts when the accused is charged with murder
  2. 2 Whether s.662(3) of the Criminal Code prohibits treating offences such as dangerous driving or criminal negligence as included offences to a murder charge
  3. 3 Whether R. v. Brown authorizes adding such charges at committal despite s.662(3)

Ratio Decidendi

Section 662(3) of the Criminal Code prohibits leaving any offence other than manslaughter or infanticide to the jury on a murder count; therefore the preliminary inquiry judge cannot commit the accused on additional offences (dangerous driving causing death and criminal negligence causing death) that would circumvent s.662(3), and the accused is committed only on the second-degree murder charge.

Court Disposition

Application to add counts for Dangerous Driving Causing Death and Criminal Negligence Causing Death denied; accused committed to stand trial on charge of second-degree murder.

Orders

  • Accused committed to stand trial on the charge of second-degree murder.
  • Publication ban on evidence of the Preliminary Inquiry under Criminal Code s.539(1) remains in effect.