R. v. Doyle, (1974) 7 Nfld. & P.E.I.R. 274 (NFCA)

JudgeMifflin and Noel, JJ.
CourtNewfoundland Court of Appeal
Case DateDecember 05, 1974
JurisdictionNewfoundland and Labrador
Citations(1974), 7 Nfld. & P.E.I.R. 274 (NFCA)

R. v. Doyle (1974), 7 Nfld. & P.E.I.R. 274 (NFCA);

    3 A.P.R. 274

MLB headnote and full text

R. v. Doyle

Indexed As: R. v. Doyle

Newfoundland Court of Appeal

Mifflin and Noel, JJ.

December 20, 1974.

Summary:

This case arose out of an application by an accused for an order for mandamus directed to the Magistrates' Court to return certain property to the accused and to void the conditions of an interim release. The accused claimed that the Magistrate lost jurisdiction when he granted lengthy adjournments at the request of the Crown. The accused was charged with fraud. The Crown requested and was granted adjournments on December 11, 1973, January 30, 1974 and April 1, 1974, because of difficulties in extraditing a co-accused from the State of Florida, U.S.A. The adjournments were granted over the objection of the accused. The adjournments were granted before an election was made by the accused with respect to the mode of trial. The accused alleged that the Magistrates' Court lost jurisdiction because the adjournments granted were for a period in excess of 8 days contrary to section 465(1) of the Criminal Code. Furlong, C.J.N., dismissed the application by the accused and held that the adjournments were properly made - see 6 Nfld. & P.E.I.R. 479.

On appeal to the Newfoundland Court of Appeal, the appeal was dismissed and the judgment of Furlong, C.J.N., was affirmed. The Newfoundland Court of Appeal stated that section 465(1) of the Criminal Code applied only during a preliminary inquiry. The Newfoundland Court of Appeal stated that a preliminary inquiry does not commence until an election is made by an accused as to the mode of trial. Accordingly, the Newfoundland Court of Appeal stated that section 465(1) did not apply with respect to the adjournments granted to the Crown.

Criminal Law - Topic 2845

Jurisdiction - Consent jurisdiction of Provincial Court judges - Election by an accused - The Newfoundland Court of Appeal stated that section 484(2) of the Criminal Code did not require a judge to put an accused to his election immediately after the information was read to the accused - See paragraphs 13 and 25.

Criminal Law - Topic 3404

Compelling appearance, detention and release - Adjournments - Validity of an adjournment before an election by an accused charged with fraud - The Crown requested and was granted adjournments on December 11, 1973, January 30, 1974 and April 1, 1974, because of difficulties with extradition proceedings with respect to a co-accused - The adjournments were granted over the objection of the accused - Whether the judge lost jurisdiction when he granted adjournments in excess of 8 days contrary to section 465(1) of the Criminal Code - The Newfoundland Court of Appeal held that section 465(1) applied only during a preliminary inquiry and that a preliminary inquiry does not commence until an election is made by the accused - The Newfoundland Court of Appeal held that the adjournments were properly granted.

Cases Noticed:

Cowie v. Robinson, [1928] 3 D.L.R. 776, dist. [para. 8].

R. v. Heminger and Hornigold, [1969] 3 C.C.C. 201, folld. [paras. 10 and 26].

The King (Deeny) v. The Justices of the County Tyrone (1), [1909] 2 I.R. 400, folld. [para. 13].

R. v. Keating (1973), 21 C.R.N.S. 217; 11 C.C.C.(2d) 133, folld. [paras. 13 and 26].

Statutes Noticed:

Criminal Code of Canada, R.S.C. 1970, c. C-34, sect. 464 [para. 5]; sect. 465(1)(b) [para. 22]; sect. 484 [para. 7]; sect. 501 [para. 10].

Counsel:

Gerald J. O'Brien, for the appellant;

John P. Byrne, for the respondent.

This appeal was heard by the Newfoundland Court of Appeal on December 5, 1974. Judgment was delivered on December 20, 1974 and the following opinions were filed:

MIFFLIN, J., - see paragraphs 1 to 17

NOEL, J., - see paragraphs 18 to 29.

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