R. v. Bouchard, (1976) 10 Nfld. & P.E.I.R. 409 (NFCA)

• Judge: Furlong, C.J.N., Morgan and Gushue, JJ.A.
• Court: Court of Appeal (Newfoundland)
• Case Date: April 02, 1976
• Jurisdiction: Newfoundland and Labrador
• Citations: (1976), 10 Nfld. & P.E.I.R. 409 (NFCA)

R. v. Bouchard (1976), 10 Nfld. & P.E.I.R. 409 (NFCA);

    17 A.P.R. 409

MLB headnote and full text

R. v. Bouchard

Indexed As: R. v. Bouchard

Newfoundland Supreme Court

Court of Appeal

Furlong, C.J.N., Morgan and Gushue, JJ.A.

April 2, 1976.

Summary:

This headnote contains no summary.

Criminal Law - Topic 3904

Indictable offences - General principles - Election by Crown where offence triable by indictment or summary conviction - The Crown did not formally elect, but the charge was tried before the Provincial Court under the procedure applicable to summary conviction cases - The accused appealed his conviction by way of trial de novo and the Crown objected that the offence was indictable and an appeal by trial de novo did not lie - The Newfoundland Court of Appeal held that the Crown was deemed to have elected to proceed on a summary conviction basis and the accused had a right to appeal by way of trial de novo.

Cases Noticed:

R. v. Toor, 11 C.C.C.(2d) 312, refd to. [para. 8].

R. v. Monkman, 30 C.R.N.S. 338, refd to. [para. 8].

R. v. Robert, 13 C.C.C.(2d) 43, folld. [para. 8].

R. v. Holliday (1975), 12 C.C.C.(2d) 56, appld. [para. 11].

Statutes Noticed:

Criminal Code of Canada, R.S.C. 1970, c. C-34, sect. 238(3) [para. 3]; sect. 483 [para. 10].

Interpretation Act, R.S.C. 1970, c. I-23, sect. 27(1) [para. 4].

Counsel:

Michael Laurie, for the Crown;

John McGrath, for the accused.

This case was heard on March 18, 1976, at St. John's, Newfoundland before FURLONG, C.J.N., and MORGAN and GUSHUE, JJ.A.

On April 2, 1976, FURLONG, C.J.N., delivered the following judgment of the Court of Appeal: