R. v. Knauffts, (1970) 1 Nfld. & P.E.I.R. 109 (NFCA)

• Judge: Puddester and Mifflin, JJ.
• Court: Court of Appeal (Newfoundland)
• Case Date: November 03, 1970
• Jurisdiction: Newfoundland and Labrador
• Citations: (1970), 1 Nfld. & P.E.I.R. 109 (NFCA)

R. v. Knauffts (1970), 1 Nfld. & P.E.I.R. 109 (NFCA)

MLB headnote and full text

R. v. Knauffts

Indexed As: R. v. Knauffts

Newfoundland Supreme Court

Appeal Division

Puddester and Mifflin, JJ.

November 3, 1970.

Summary:

Appeal Court quashed conviction of accused and declared the trial a nullity where the accused was charged in the same information with both indictable offences and summary conviction offences. The Appeal Court stated that indictable offences and summary conviction offences must be proceeded with separately because the trial and appeal procedures differ between indictable offences and summary conviction offences.

Criminal Law - Topic 7285

Summary conviction proceedings - Informations - Form and content, including sufficiency of charge - Practice - The Newfoundland Court of Appeal held that an information is invalid if it charges the accused with both indictable offences and summary conviction offences.

Cases Noticed:

R. v. Georgieff and Dickemous, 111 C.C.C. 3, appld.

R. v. Gorak (1963), 42 W.W.R. 256, appld.

Statutes Noticed:

Criminal Code of Canada, S.C. 1953-54, c. 51, sect. 486(2), sect. 501(1).

Counsel:

Raymond Halley, for the appellant, Knauffts;

James Nesbitt, for the respondent, Crown.