R. v. George

R. v. George

Court held that, notwithstanding absence of a formal recorded election, the totality of the record and conduct of counsel and Crown established an intention to proceed by indictment; therefore all matters will be treated as indictable and set for preliminary hearing.

Citation
2017 NSPC 1
Parties
Prosecution: Her Majesty the Queen; Accused: Michael David George
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
10 January 2017
Procedural Posture
Criminal (hybrid Offences) / Preliminary Hearing Set (pre Trial)
Outcome
Court found Crown intended to proceed by indictment and set matters for preliminary hearing.
Legal Topics
Hybrid Offences, Crown Election, Mode of Trial, Summary Vs Indictment, Preliminary Hearing, Possession for Purpose of Trafficking, Illegal Possession of Firearm, Firearm Storage Offences
Source Language
English
Criminal Law Controlled Drugs and Substances Act Firearms/weapons Law Hybrid Offences Crown Election Mode of Trial Summary Vs Indictment Preliminary Hearing +3 more

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Parties

Her Majesty the Queen

Prosecution

Michael David George

Accused

Procedural Posture

Criminal (hybrid Offences) / Preliminary Hearing Set (pre Trial)

Legal Issues

  1. 1 Whether the Crown made an election to proceed by indictment or was deemed to have elected to proceed summarily
  2. 2 Whether the weapon/firearm charges should be treated as having been proceeded with summarily due to absence of an express Crown election
  3. 3 Whether conduct of parties and court record can establish Crown election

Ratio Decidendi

Court held that, notwithstanding absence of a formal recorded election, the totality of the record and conduct of counsel and Crown established an intention to proceed by indictment; therefore all matters will be treated as indictable and set for preliminary hearing.

Court Disposition

Court found Crown intended to proceed by indictment and set matters for preliminary hearing.

Orders

  • Matters set for preliminary hearing
  • Accused may re-elect prior to the preliminary hearing to have the matter heard in provincial court