R. v. Sicotte

R. v. Sicotte

Section 485 is confined to addressing procedural irregularities that arise after an information has been laid and process confirmed; loss of jurisdiction contemplated by s.485(2) does not include pre-charge situations where no information has been sworn, and in any event s.485(2) requires only issuance of a summons...

Source-derived case information.

Citation
2020 BCSC 909
Parties
Crown: Regina; Accused: Bradley Robert Sicotte; Accused: Michelle Marie Tottenham
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
29 May 2020
Procedural Posture
Criminal Indictable Offences / Pre Trial Voir Dire/application to Dismiss Under S.485(3)
Outcome
Application dismissed
Legal Topics
S.485 Criminal Code, Loss of Jurisdiction, Police Bail and Undertakings, Summons Issuance, Dismissal for Want of Prosecution
Source Language
english
Criminal Law Procedure Bail Law S.485 Criminal Code Loss of Jurisdiction Police Bail and Undertakings Summons Issuance Dismissal for Want of Prosecution

Source-derived case record

Summary, issues, holding and outcome

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Parties

Regina

Crown

Bradley Robert Sicotte

Accused

Michelle Marie Tottenham

Accused

Procedural Posture

Criminal Indictable Offences / Pre Trial Voir Dire/application to Dismiss Under S.485(3)

Legal Issues

  1. 1 Whether s.485 applies where no information has been sworn before the first appearance date
  2. 2 Whether an issuing of a summons under s.485(2) must also be served within three months
  3. 3 Whether release on an undertaking or promise to appear (police bail) creates court jurisdiction such that failure to lay an information causes loss of jurisdiction under s.485

Ratio Decidendi

Section 485 is confined to addressing procedural irregularities that arise after an information has been laid and process confirmed; loss of jurisdiction contemplated by s.485(2) does not include pre-charge situations where no information has been sworn, and in any event s.485(2) requires only issuance of a summons within three months to cure loss of jurisdiction, not service within that period.

Court Disposition

Application dismissed

Orders

  • Application of Bradley Sicotte and Michelle Tottenham dismissed