R. v. German, (1989) 77 Sask.R. 310 (CA)

• Judge: Tallis, Cameron and Sherstobitoff, JJ.A.
• Court: Court of Appeal (Saskatchewan)
• Case Date: September 06, 1989
• Jurisdiction: Saskatchewan
• Citations: (1989), 77 Sask.R. 310 (CA)

R. v. German (1989), 77 Sask.R. 310 (CA)

MLB headnote and full text

R. (appellant) v. Victor German (respondent)

(No. 4621)

Indexed As: R. v. German

Saskatchewan Court of Appeal

Tallis, Cameron and Sherstobitoff, JJ.A.

September 6, 1989.

Summary:

The accused was charged with sexual assault on a boy. The trial judge quashed the information on the ground that it was multiplicitous. The Crown appealed.

The Saskatchewan Court of Appeal allowed the appeal and ordered the trial judge to proceed with the trial.

Civil Rights - Topic 8405

Canadian Charter of Rights and Freedoms - Criminal proceedings - Right to be informed of specific offence charged - The accused was charged with sexually assaulting a boy "between June 1, 1986, and October 4, 1988," at a certain address by certain specific actions - The Saskatchewan Court of Appeal held that the charge was valid and not multiplicitous, did not offend the one count - one transaction rule in s. 581(1) of the Criminal Code and did not violate the right under s. 11(a) of the Charter to be informed of the specific offence charged.

Criminal Law - Topic 4735

Procedure - Information or indictment, charge or count - Indictable offences - Form and content - Duplicity - [See Civil Rights - Topic 8405 above].

Criminal Law - Topic 4735.2

Procedure - Information or indictment, charge or count - Indictable offences - Form and content - Requirement of one count for each transaction - [See Civil Rights - Topic 8405 above].

Cases Noticed:

R. v. Côté, [1978] 1 S.C.R. 8; 13 N.R. 271, appld. [para. 6].

R. v. Colgan, [1987] 2 S.C.R. 686; 79 N.R. 350; 50 Man.R.(2d) 128, affing. 43 Man.R.(2d) 101; 30 C.C.C.(3d) 183 (C.A.), appld. [para. 7].

R. v. Fischer (1987), 53 Sask.R. 263; 31 C.C.C.(3d) 303 (C.A.), refd to. [para. 7].

R. v. Lowden, [1982] 2 S.C.R. 60; 42 N.R. 616; 43 A.R. 373, refd to. [para. 7].

R. v. Fox (1986), 50 C.R.(3d) 370 (B.C.C.A.), refd to. [para. 7].

R. v. R.I.C. (1986), 17 O.A.C. 354, appld. [para. 9].

Statutes Noticed:

Canadian Charter of Rights and Freedoms, 1982, sect. 7, sect. 11(a) [para. 5].

Criminal Code, R.S.C. 1985, c. C-46, sect. 581 [para. 5].

Counsel:

Kenneth W. MacKay, Q.C., for the appellant Crown;

G.J.W. Ludwig, for the respondent accused.

This case was heard before Tallis, Cameron and Sherstobitoff, JJ.A., of the Saskatchewan Court of Appeal.

On September 6, 1989, Tallis, J.A., orally delivered the following judgment for the Court of Appeal: