Ex Parte Smitheman

Ex Parte Smitheman

A certified copy of the sentence, properly certified and returned as the warden's authority, is a sufficient warrant for imprisonment in the penitentiary; where the convicting court's jurisdiction as to place is provincial, venue is sufficiently denoted by the county named in the margin and a separate statement of commencement time is unnecessary because Criminal Code s.955(7) fixes commencement from the day of sentence.

Citation
(1904) 35 SCR 189
Parties
Applicant / Prisoner: William Smitheman; Respondent / Custodian: Warden, Dorchester Penitentiary; Convicting Judge: William B. Wallace
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
22 June 1904
Procedural Posture
Habeas Corpus Application / In Chambers Motion for Discharge From Custody
Outcome
Application refused
Legal Topics
Habeas Corpus, Warrant of Commitment, Venue, Commencement of Sentence, Form of Certified Sentence
Source Language
English
Prerogative Writs Criminal Procedure Correctional Law Habeas Corpus Warrant of Commitment Venue Commencement of Sentence Form of Certified Sentence

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Parties

William Smitheman

Applicant / Prisoner

Warden, Dorchester Penitentiary

Respondent / Custodian

William B. Wallace

Convicting Judge

Procedural Posture

Habeas Corpus Application / In Chambers Motion for Discharge From Custody

Legal Issues

  1. 1 Whether a certified copy of sentence is a sufficient warrant for imprisonment in the penitentiary
  2. 2 Whether a warrant of commitment must state the place where the offence was committed
  3. 3 Whether a warrant must state the time from which the term of imprisonment begins to run

Ratio Decidendi

A certified copy of the sentence, properly certified and returned as the warden's authority, is a sufficient warrant for imprisonment in the penitentiary; where the convicting court's jurisdiction as to place is provincial, venue is sufficiently denoted by the county named in the margin and a separate statement of commencement time is unnecessary because Criminal Code s.955(7) fixes commencement from the day of sentence.

Court Disposition

Application refused

Orders

  • Application refused