R. v. Innocente

R. v. Innocente

The court granted the accused leave to bring applications for autrefois convict/double jeopardy, res judicata, splitting of the case, the rule against multiple convictions under s.12, and any Charter motions under s.7 and s.11(h), and ruled that the accused is entitled to counsel to bring and argue those motions.

Citation
2004 NSSC 121
Parties
Respondent / Crown: Her Majesty the Queen; Applicant / Accused: Daniel Innocente
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
16 June 2004
Procedural Posture
Criminal / Supplementary Decision on Pre Trial Motions (autrefois Convict/double Jeopardy and Related Charter Motions)
Outcome
Accused permitted to bring specified motions and to have counsel represent him on those motions.
Legal Topics
Double Jeopardy, Autrefois Convict, Res Judicata, Splitting of Charges, Multiple Convictions, Charter S.7, Charter S.11(h), Charter S.12
Source Language
English
Criminal Law Constitutional Law Double Jeopardy Autrefois Convict Res Judicata Splitting of Charges Multiple Convictions Charter S.7 +2 more

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Parties

Her Majesty the Queen

Respondent / Crown

Daniel Innocente

Applicant / Accused

Procedural Posture

Criminal / Supplementary Decision on Pre Trial Motions (autrefois Convict/double Jeopardy and Related Charter Motions)

Legal Issues

  1. 1 Whether the accused may bring an application for autrefois convict/double jeopardy
  2. 2 Whether res judicata or issue estoppel bars prosecution
  3. 3 Whether the Crown has unreasonably split the case

Ratio Decidendi

The court granted the accused leave to bring applications for autrefois convict/double jeopardy, res judicata, splitting of the case, the rule against multiple convictions under s.12, and any Charter motions under s.7 and s.11(h), and ruled that the accused is entitled to counsel to bring and argue those motions.

Court Disposition

Accused permitted to bring specified motions and to have counsel represent him on those motions.

Orders

  • Accused granted leave to bring applications for autrefois convict/double jeopardy, res judicata, challenge to splitting the case, challenge under the rule against multiple convictions (s.12), and Charter s.7 and s.11(h) motions.
  • Accused entitled to legal counsel to bring and argue those motions.