R. v. Braun (C.S.), (2000) 149 Man.R.(2d) 144 (QB)

• Judge: Beard, J.
• Court: Court of Queen's Bench of Manitoba (Canada)
• Case Date: July 04, 2000
• Jurisdiction: Manitoba
• Citations: (2000), 149 Man.R.(2d) 144 (QB);2000 MBQB 101

R. v. Braun (C.S.) (2000), 149 Man.R.(2d) 144 (QB)

MLB headnote and full text

Temp. Cite: [2000] Man.R.(2d) TBEd. JL.056

Her Majesty the Queen v. Clayton Scott Braun (accused)

(CR 00-01-21371; 2000 MBQB 101)

Indexed As: R. v. Braun (C.S.)

Manitoba Court of Queen's Bench

Winnipeg Centre

Beard, J.

July 4, 2000.

Summary:

The Crown appealed a Provincial Court judge's finding of no evidence in a sum­mary conviction proceeding against the accused. The Crown requested no relief in its notice of appeal, nor did it indicate whether it relied on s. 813 or s. 830 of the Criminal Code.

The Manitoba Court of Queen's Bench allowed the appeal and remitted the matter for rehearing under s. 830.

Criminal Law - Topic 7428

Summary conviction proceedings - Appeal by way of trial de novo - Notice and set­ting down appeal - Notice of appeal - General - [See Criminal Law - Topic 7478 ].

Criminal Law - Topic 7478

Summary conviction proceedings - Appeals - General - Notice of appeal - Form and content - The Crown appealed a finding of no evidence - The Crown requested no relief in its notice of appeal, nor did it indicate whether it was relying on s. 813 or s. 830 of the Criminal Code - Defence counsel argued that the appeal should be under s. 830 - The Manitoba Court of Queen's Bench allowed the appeal and remitted the matter to the same judge under s. 830 - The trial judge erred, but the defi­ciencies in the Crown's factum meant that the court could not, in fairness to the accused, order a new trial under s. 813 - The court gave its opin­ion that the trial judge should declare a mistrial and send the matter to another judge.

Criminal Law - Topic 7662

Summary conviction proceedings - Appeals - Grounds - Failure to consider evidence - [See Criminal Law - Topic 7478 ].

Cases Noticed:

R. v. A.P.P. (1982), 67 Man.R.(2d) 209; 58 C.C.C.(3d) 287 (Man. C.A.), refd to. [para. 4].

R. v. Hargraves (1982), 69 C.C.C.(2d) 380; 29 C.R.(3d) 391 (Ont. C.A.), refd to. [para. 4].

R. v. Multitech Warehouse (Manitoba) Direct Inc. and McKenna (1993), 89 Man.R.(2d) 115 (Q.B.), affd. (1995), 102 Man.R.(2d) 141; 93 W.A.C. 141 (C.A.), dist. [para. 9].

Counsel:

Lisa Carson, for the Crown;

Edward Tawkin, for the accused.

This appeal was heard before Beard, J., of the Manitoba Court of Queen's Bench, Winnipeg Centre, who delivered the follow­ing judgment on July 4, 2000.