R. v. Hankey

R. v. Hankey

Severance granted: counts involving CD severed from those involving AB because the accused has an objectively justifiable intention to testify on the AB counts but not the CD counts, and the Crown's cross-count similar fact application is not viable on the information before the court, so the primary countervailing factor to severance is absent and the balance of Last factors favors severance.

Citation
2021 NSPC 60
Parties
Prosecution: Her Majesty the Queen; Accused: Wayne John Hankey
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
15 November 2021
Procedural Posture
Criminal Severance Application / Pre Trial (severance Application Under S.591(3))
Outcome
Severance granted: counts relating to CD are severed from counts relating to AB
Legal Topics
Severance of Counts, Similar Fact Evidence (similar Acts), Judge Alone Trial, Sexual Offence Law, Position of Trust
Source Language
English
Criminal Law Evidence Procedural Law Severance of Counts Similar Fact Evidence (similar Acts) Judge Alone Trial Sexual Offence Law Position of Trust

Case Brief

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Parties

Her Majesty the Queen

Prosecution

Wayne John Hankey

Accused

Procedural Posture

Criminal Severance Application / Pre Trial (severance Application Under S.591(3))

Legal Issues

  1. 1 Whether severance of counts is required in the interests of justice under s.591(3)
  2. 2 Whether there is a factual and legal nexus between counts involving different complainants
  3. 3 Whether there is an objectively justifiable reason for the accused to testify on some counts but not others

Ratio Decidendi

Severance granted: counts involving CD severed from those involving AB because the accused has an objectively justifiable intention to testify on the AB counts but not the CD counts, and the Crown's cross-count similar fact application is not viable on the information before the court, so the primary countervailing factor to severance is absent and the balance of Last factors favors severance.

Court Disposition

Severance granted: counts relating to CD are severed from counts relating to AB

Orders

  • Counts involving CD are severed and to be tried separately from counts involving AB