R. v. MacPhee

R. v. MacPhee

The court granted a stay because, accepting for the application that causation is provable, the second prosecution would undermine the finality of the earlier proceeding and sentence, cause unfair prejudice to the accused and, more importantly, to the integrity and stability of the criminal justice system; no lesser remedy could redress that prejudice and prosecutorial deference does not extend to permitting conduct that so prejudices system integrity.

Citation
2014 NSPC 89
Parties
Crown: The Queen; Accused: Nelson MacPhee
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
5 November 2014
Procedural Posture
Criminal Manslaughter / Pre Trial Stay Application
Outcome
Stay of proceedings granted
Legal Topics
Abuse of Process, Stay of Proceedings, Disclosure Obligations, Causation, Finality of Sentencing, Year and a Day Rule
Source Language
English
Criminal Law Constitutional Law Prosecutorial Discretion Evidence Law Abuse of Process Stay of Proceedings Disclosure Obligations Causation +2 more

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Parties

The Queen

Crown

Nelson MacPhee

Accused

Procedural Posture

Criminal Manslaughter / Pre Trial Stay Application

Legal Issues

  1. 1 Whether a second prosecution for manslaughter arising from a death seven years after the original shooting constitutes an abuse of process warranting a stay
  2. 2 Whether Crown/police failure to preserve the decedent's liver and related materials breaches disclosure obligations and causes actual prejudice
  3. 3 Whether s.610 or double jeopardy doctrines bar the subsequent prosecution

Ratio Decidendi

The court granted a stay because, accepting for the application that causation is provable, the second prosecution would undermine the finality of the earlier proceeding and sentence, cause unfair prejudice to the accused and, more importantly, to the integrity and stability of the criminal justice system; no lesser remedy could redress that prejudice and prosecutorial deference does not extend to permitting conduct that so prejudices system integrity.

Court Disposition

Stay of proceedings granted

Orders

  • Stay of proceedings ordered on the manslaughter charge against Nelson MacPhee (Information sworn June 9, 2014)