R. v. Joudrey

R. v. Joudrey

Although the Crown advanced apparently inconsistent theories, on the facts before the court there was no evidence the officer lacked reasonable grounds when swearing informations and the Crown's conduct did not amount to abuse of process; therefore the information was not declared a nullity and the trial will continue.

Citation
2017 NSPC 30
Parties
Crown/prosecution: Her Majesty the Queen; Defendant/accused: Royce Nelson Joudrey
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
7 July 2017
Procedural Posture
Criminal Assault Causing Bodily Harm / Pre Trial Ruling on Abuse of Process; Trial to Proceed
Outcome
No stay for abuse of process; proceedings to continue.
Legal Topics
Assault Causing Bodily Harm, Prosecutorial Discretion, Abuse of Process, Stay of Proceedings, Reasonable and Probable Grounds
Source Language
English
Criminal Law Prosecutorial Discretion Procedural Law Abuse of Process Assault Causing Bodily Harm Stay of Proceedings Reasonable and Probable Grounds

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Parties

Her Majesty the Queen

Crown/prosecution

Royce Nelson Joudrey

Defendant/accused

Procedural Posture

Criminal Assault Causing Bodily Harm / Pre Trial Ruling on Abuse of Process; Trial to Proceed

Legal Issues

  1. 1 Whether continuing proceedings constitutes an abuse of process due to seemingly inconsistent prosecutorial theories
  2. 2 Whether the police had reasonable and probable grounds to lay informations against both parties or whether an information is a nullity
  3. 3 Whether the court should supervise prosecutorial charging decisions or defer absent clear abuse

Ratio Decidendi

Although the Crown advanced apparently inconsistent theories, on the facts before the court there was no evidence the officer lacked reasonable grounds when swearing informations and the Crown's conduct did not amount to abuse of process; therefore the information was not declared a nullity and the trial will continue.

Court Disposition

No stay for abuse of process; proceedings to continue.

Orders

  • Proceedings to continue; trial to proceed.
  • No declaration that the information is a nullity.