R. v. Jardine (W.E.), 2015 SKQB 32

Judge:Mills, J.
Court:Court of Queen's Bench for Saskatchewan
Case Date:February 03, 2015
Jurisdiction:Saskatchewan
Citations:2015 SKQB 32;(2015), 468 Sask.R. 251 (QB)
 
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R. v. Jardine (W.E.) (2015), 468 Sask.R. 251 (QB)

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Temp. Cite: [2015] Sask.R. TBEd. FE.032

Wayne Earl Jardine (applicant) v. Her Majesty the Queen (respondent)

(2014 QBNJ No. 33; 2015 SKQB 32)

Indexed As: R. v. Jardine (W.E.)

Saskatchewan Court of Queen's Bench

Judicial Centre of Saskatoon

Mills, J.

February 3, 2015.

Summary:

The accused faced five charges, including four sexual assault related charges regarding one complainant (counts one to four) and one count (count five) of obstructing justice by offering the same complainant money to cancel the allegations. The accused applied to sever count five.

The Saskatchewan Court of Queen's Bench allowed the application.

Criminal Law - Topic 4737.1

Procedure - Information or indictment, charge or count - Indictable offences - Severing counts in an indictment - The accused faced five charges, including four sexual assault related charges regarding one complainant (counts one to four) and one count (count five) of obstructing justice by offering the same complainant money to cancel the allegations - The accused applied to sever count five - The Saskatchewan Court of Queen's Bench allowed the application - The greatest concern for the court was the ability of the accused to remain silent on counts one to four while wishing to testify on count five - He had established an objectively justifiable rationale for not wanting to testify on counts one to four, while potentially being required to testify on count five - This was the deciding factor - It was significant that the accused had agreed that the trials could be heard one after the other within the court time already set aside for the single trial.

Cases Noticed:

R. v. Latio (J.L.) (2009), 332 Sask.R. 195; 2009 SKQB 73, refd to. [para. 6].

R. v. D.G.M. (2006), 288 Sask.R. 226; 2006 SKQB 296, refd to. [para. 6].

R. v. Last (G.E.), [2009] 3 S.C.R. 146; 394 N.R. 78; 255 O.A.C. 334; 2009 SCC 45, refd to. [para. 7].

R. v. J.C.B. (2011), 382 Sask.R. 267; 2011 SKQB 333, refd to. [para. 8].

Counsel:

Valerie N. Harvey, for the applicant;

Tamara A. Rock, for the Crown.

This application was heard by Mills, J., of the Saskatchewan Court of Queen's Bench, Judicial Centre of Saskatoon, who delivered the following decision on February 3, 2015.

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