R. v. Glass, (1978) 24 Nfld. & P.E.I.R. 181 (NFPC)

• Judge: Luther, P.C.J.
• Court: Newfoundland and Labrador Provincial Court (Canada)
• Case Date: February 01, 1978
• Jurisdiction: Newfoundland and Labrador
• Citations: (1978), 24 Nfld. & P.E.I.R. 181 (NFPC)

R. v. Glass (1978), 24 Nfld. & P.E.I.R. 181 (NFPC);

    65 A.P.R. 181

MLB headnote and full text

R. v. Glass

Indexed As: R. v. Glass

Newfoundland Provincial Court

Luther, P.C.J.

February 1, 1978.

Summary:

This headnote contains no summary.

Criminal Law - Topic 4562

Procedure - Trial - Motions - Motion for dismissal for want of prosecution - The accused was charged with 406 breaches of s. 340 of the Criminal Code and 2 breaches of s. 338(3) of the Code - The accused was allowed to post bail, while he waited from early November, 1977, to mid-March, 1978, for sufficient court time to hear all the charges - The accused moved for a dismissal of all charges on the ground of want of prosecution - The Newfoundland Provincial Court dismissed the motion and held that the time period was not unreasonable considering the magnitude of the case and the fact that the accused was not detained in custody - See paragraph 31.

Cases Noticed:

R. v. Locke (1976), 12 Nfld. & P.E.I.R. 286; 25 A.P.R. 286; 31 C.C.C.(2d) 441, refd to. [para. 13].

R. v. Solloway and Mills (1930), 53 C.C.C. 180 (Alta. C.A.), appld. [para. 15].

R. v. Buckley et al., 38 C.R.N.S. 12, dist. [para. 18].

R. v. Martens et al., [1975] 4 W.W.R. 540, dist. [para. 18].

R. v. Falls and Nobes, 26 C.C.C.(2d) 540, dist. [para. 24].

Statutes Noticed:

Criminal Code of Canada, R.S.C. 1970, c. C-34, sect. 338(2) [para. 1]; sect. 340 [para. 1]; sect. 457.1 [para. 2]; sect. 484(2) [para. 3]; sect. 465(1)(b) [para. 12].

Counsel:

John Byrne, for the Crown;

John Rourke and Gerald O'Brien, for the accused.

This case was heard by LUTHER, P.C.J., of the Newfoundland Provincial Court.

On February 1, 1978, LUTHER, P.C.J., delivered the following judgment: