R. v. Kent, (1977) 14 Nfld. & P.E.I.R. 33 (NFCA)

• Judge: Furlong, C.J.N., Morgan and Gushue, JJ.A.
• Court: Court of Appeal (Newfoundland)
• Case Date: May 25, 1977
• Jurisdiction: Newfoundland and Labrador
• Citations: (1977), 14 Nfld. & P.E.I.R. 33 (NFCA)

R. v. Kent (1977), 14 Nfld. & P.E.I.R. 33 (NFCA);

    33 A.P.R. 33

MLB headnote and full text

R. v. Kent

Indexed As: R. v. Kent

Newfoundland Supreme Court

Court of Appeal

Furlong, C.J.N., Morgan and Gushue, JJ.A.

May 25, 1977.

Summary:

This headnote contains no summary.

Criminal Law - Topic 2845

Jurisdiction - Consent jurisdiction of provincial court judges - Election by accused - Form of - The Newfoundland Court of Appeal held that the form of the election put to the accused must conform exactly with that prescribed by s. 484(2) of the Criminal Code of Canada, R.S.C. 1970, c. C-34.

Evidence - Topic 2505

Presumptions - Presumption of regularity of judicial proceedings - The Newfoundland Court of Appeal stated that in the absence of evidence to the contrary there is a presumption that the proper procedure was followed in putting the accused to his election - See paragraph 4.

Cases Noticed:

R. v. Squires (1977), 11 Nfld. & P.E.I.R. 457; 22 A.P.R. 457, appld. [para. 4].

Statutes Noticed:

Criminal Code of Canada, R.S.C. 1970, c. C-34, sect. 484(2) [para. 6].

Counsel:

Paul Stokes, for the appellant;

David Hurley, for the respondent.

This case was heard at St. John's, Newfoundland, before FURLONG, C.J.N., MORGAN and GUSHUE, JJ.A., of the Newfoundland Supreme Court, Court of Appeal.

On May 25, 1977, MORGAN, J.A., orally delivered the following judgment for the Court of Appeal: