R. v. Leszczyszyn (R.), (1996) 17 O.T.C. 122 (GD)

• Judge: Zelinski, J.
• Court: Ontario Court of Justice General Division (Canada)
• Case Date: October 15, 1996
• Jurisdiction: Ontario
• Citations: (1996), 17 O.T.C. 122 (GD)

R. v. Leszczyszyn (R.) (1996), 17 O.T.C. 122 (GD)

MLB headnote and full text

Her Majesty The Queen v. Roman Leszczyszyn

Indexed As: R. v. Leszczyszyn (R.)

Ontario Court of Justice

General Division

Milton

Zelinski, J.

October 15, 1996.

Summary:

The accused was charged in a four count indictment with sexual offences, including sexual assault. The alleged victim was a child of tender years with respect to whom the accused was in a position of trust. The accused applied to permit a challenge for cause pursuant to s. 638(1)(b) of the Criminal Code on the ground that the jurors would not be indifferent between the Queen and the accused.

The Ontario Court (General Division) allowed the application.

Criminal Law - Topic 4316

Procedure - Jury - General - Challenges for cause - Principles - See paragraph 8.

Criminal Law - Topic 4316

Procedure - Jury - General - Challenges for cause - See paragraphs 1 to 32.

Cases Noticed:

R. v. Musson (R.S.) (1996), 12 O.T.C. 315 (Gen. Div.), refd to. [para. 6].

Authors and Works Noticed:

Skurka, S., Challenge for Cause - Questions Allowed Since R. v. Parks (1994), generally [para. 21].

Counsel:

A. Stevenson, for the Crown;

S. Skurka and L. Pringle, for the accused.

This application was heard at Milton, Ontario, on October 15, 1996, before Zelinski, J., of the Ontario Court (General Division), who delivered the following judgment on October 15, 1996.