The King v. Balciunas

The King v. Balciunas

Section 856's joinder rule for indictments cannot be read into Part XVIII; because the three informations were separate and Part XVIII contains no provision permitting their joint trial, it was improper to try them together and the convictions must be quashed and a new trial ordered.

Citation
[1943] SCR 317
Parties
Appellant (plaintiff): His Majesty The King; Respondent (defendant): Andrew Balciunas
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
2 April 1943
Procedural Posture
Criminal Appeal / Appeal to Supreme Court of Canada From Court of Appeal for Ontario
Outcome
Appeal dismissed; conviction quashed and new trial ordered.
Legal Topics
Speedy Trial, Joinder of Charges, Severance, Criminal Code Interpretation, New Trial
Source Language
English
Criminal Law Speedy Trial Joinder of Charges Severance Criminal Code Interpretation New Trial

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Authorities cited 4 Party arguments 2
Sign in to unlock

Parties

His Majesty The King

Appellant (plaintiff)

Andrew Balciunas

Respondent (defendant)

Procedural Posture

Criminal Appeal / Appeal to Supreme Court of Canada From Court of Appeal for Ontario

Legal Issues

  1. 1 Whether multiple informations/charges may be tried together under Part XVIII of the Criminal Code
  2. 2 Whether section 856 (joinder of counts in indictment) applies to proceedings under Part XVIII
  3. 3 Whether convictions obtained by trying multiple separate charges together under Part XVIII must be set aside

Ratio Decidendi

Section 856's joinder rule for indictments cannot be read into Part XVIII; because the three informations were separate and Part XVIII contains no provision permitting their joint trial, it was improper to try them together and the convictions must be quashed and a new trial ordered.

Court Disposition

Appeal dismissed; conviction quashed and new trial ordered.

Orders

  • Appeal dismissed
  • Convictions on all three charges set aside