R. v. Adams, Mayo and Hollett, (1984) 52 Nfld. & P.E.I.R. 66 (NFPC)

• Judge: Baker, P.C.J.
• Court: Newfoundland and Labrador Provincial Court (Canada)
• Case Date: November 23, 1984
• Jurisdiction: Newfoundland and Labrador
• Citations: (1984), 52 Nfld. & P.E.I.R. 66 (NFPC)

R. v. Adams (1984), 52 Nfld. & P.E.I.R. 66 (NFPC);

    153 A.P.R. 66

MLB headnote and full text

R. v. Adams, Mayo, Mayo, Hollett and Hollett

Indexed As: R. v. Adams, Mayo and Hollett

Newfoundland Provincial Court

Grand Bank

Baker, P.C.J.

November 23, 1984.

Summary:

The Mayos were charged on separate informations with smuggling into Canada liquor, valued at over $200., which was subject to duty, contrary to s. 192(3) of the Customs Act. Adams and the Holletts were charged on separate informations with unlawfully assisting in the landing of unlawfully imported liquor into Canada, the value for duty of the liquor being over $200., contrary to s. 183 of the Customs Act. The offences were indictable. The accused moved to quash the informations on the grounds that they were defective in form, in substance, and in the manner in which they were received by the justice.

The Newfoundland Provincial Court dismissed the motion.

Criminal Law - Topic 4722

Procedure - Information - Indictable offences - Validity of - The Newfoundland Provincial Court held that in considering whether informations were defective in substance, the court must decide whether the informations meet the requirements of s. 510(1) and (3) of the Criminal Code of Canada, in light of s. 512 - See paragraph 42.

Criminal Law - Topic 4723

Procedure - Information - Indictable offences - Amendment of - General - The Newfoundland Provincial Court discussed how and in what circumstances an information or indictment may be amended under s. 529 of the Criminal Code of Canada - See paragraphs 33 to 38.

Criminal Law - Topic 4730

Procedure - Information - Indictable offences - Form and content - General - Informations laid under s. 455 of the Criminal Code of Canada stated that the informant had "reason to believe and does believe", rather than using the exact words in Form 2, namely, that he had "reasonable and probable grounds to believe and does believe" - The Newfoundland Provincial Court held that the informations were not defective in form - See paragraphs 3 to 8.

Criminal Law - Topic 4737

Procedure - Information - Indictable offences - Amendment of - Before trial - The Newfoundland Provincial Court held that there was no power to amend a defective information where the objection was taken prior to plea pursuant to s. 529(1) of the Criminal Code of Canada - See paragraph 39.

Criminal Law - Topic 4738

Procedure - Information - Indictable offences - Objection to - Time for - The Newfoundland Provincial Court determined the proper procedure where the accused alleged that the indictment or information was defective in substance - The court held that pursuant to s. 529(1) the objection must be taken by motion to quash before plea -See paragraphs 31 to 32.

Cases Noticed:

R. v. WIS Developments Corporation Limited et al. (1983), 53 N.R. 134; 53 A.R. 58; 12 C.C.C. 129, consd. [para. 17].

Statutes Noticed:

Criminal Code of Canada, R.S.C. 1970, c. C-34, sect. 2 [para. 10]; sect. 455.2 [para. 4]; sect. 455.3(1) [paras. 9, 15]; sect. 510 [paras. 37-39]; sect. 510(1) [paras. 20-21, 25, 29, 42-43, 56]; sect. 510(2) [para. 26]; sect. 510(3) [paras. 20-21, 27, 29, 42, 45, 50, 56, 61]; 512 [paras. 30, 37-39]; sect. 512(f) [paras. 61, 64]; sect. 512(g) [paras. 51, 61, 64]; sect. 516 [paras. 38-39, 53, 64]; sect. 516(f), sect. 516(g) [para. 64]; sect. 529(1) [paras. 32, 36-39]; sect. 529(2) [paras. 33-34]; sect. 529(3) [paras. 33, 35]; sect. 529(6) [para. 37].

Counsel:

G. Handrigan, for the Crown;

David C. Day, Q.C., for Margaret Adams;

Wayne Dymond, for William Eugene Mayo, Rita Mayo, Charles James Hollett and Samuel Ernest Hollett.

This motion was heard before Baker, P.C.J., of the Newfoundland Provincial Court of Grand Bank, whose decision was delivered on November 23, 1984.