The Queen v. Karpinski

The Queen v. Karpinski

Majority: Withdrawal of an information before the magistrate did not constitute an acquittal absent an adjudication on the merits; the Crown may withdraw the information and change its election and proceed by indictment where appropriate; therefore the indictment and resulting conviction were valid and restored (with the case remitted to Court of Appeal to deal with leave on sentence).

Citation
[1957] SCR 343
Parties
Plaintiff Appellant: Her Majesty The Queen; Defendant Respondent: Peter Karpinski
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
12 April 1957
Procedural Posture
Criminal Appeal / Appeal to Supreme Court of Canada From Court of Appeal for Ontario; Judgment on Appeal
Outcome
Appeal allowed (majority); conviction restored; case remitted to Court of Appeal to deal with application for leave to appeal sentence
Legal Topics
Summary Conviction Versus Indictment, Withdrawal of Information, Limitation Period for Summary Proceedings (s.693(2)), Autrefois Acquit/double Jeopardy, Magistrate Jurisdiction, Change of Crown Election
Source Language
English
Criminal Law Summary Conviction Versus Indictment Withdrawal of Information Limitation Period for Summary Proceedings (s.693(2)) Autrefois Acquit/double Jeopardy Magistrate Jurisdiction Change of Crown Election

Case Brief

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Parties

Her Majesty The Queen

Plaintiff Appellant

Peter Karpinski

Defendant Respondent

Procedural Posture

Criminal Appeal / Appeal to Supreme Court of Canada From Court of Appeal for Ontario; Judgment on Appeal

Legal Issues

  1. 1 Whether the Crown may withdraw an information and change its election after arraignment and plea
  2. 2 Whether withdrawal of an information without a magistrate adjudication constitutes an acquittal for the purpose of autrefois acquit
  3. 3 Whether proceedings commenced by information laid more than six months after the offence (s.693(2)) deprive the magistrate of jurisdiction or merely afford a defence

Ratio Decidendi

Majority: Withdrawal of an information before the magistrate did not constitute an acquittal absent an adjudication on the merits; the Crown may withdraw the information and change its election and proceed by indictment where appropriate; therefore the indictment and resulting conviction were valid and restored (with the case remitted to Court of Appeal to deal with leave on sentence).

Court Disposition

Appeal allowed (majority); conviction restored; case remitted to Court of Appeal to deal with application for leave to appeal sentence

Orders

  • Appeal allowed
  • Conviction restored