R. v. Locke, (1976) 12 Nfld. & P.E.I.R. 286 (NFPC)

• Court: Newfoundland and Labrador Provincial Court (Canada)
• Case Date: August 26, 1976
• Jurisdiction: Newfoundland and Labrador
• Citations: (1976), 12 Nfld. & P.E.I.R. 286 (NFPC)

R. v. Locke (1976), 12 Nfld. & P.E.I.R. 286 (NFPC);

    25 A.P.R. 286

MLB headnote and full text

R. v. Locke

Indexed As: R. v. Locke

Newfoundland Provincial Court

District of St. John's

Luther, Mag.

August 26, 1976.

Summary:

This case arose out of two charges against the accused of unlawfully having sexual intercourse with a person under the age of 14 years contrary to section 146(1) of the Criminal Code of Canada, R.S.C. 1970, c. C-34. When the accused appeared to the charges, the Provincial Court judge read the charges to the accused and then the matter was adjourned four times before the accused was put to his election. The accused moved that the court lost jurisdiction in failing to put the accused to his election immediately following the reading of the charges to him.

The Provincial Court denied the motion and held that there was no requirement that the election be made immediately after the charge has been read to the accused. The Provincial Court held that it was permissible to grant an adjournment to the accused to permit him to seek counsel before electing.

Criminal Law - Topic 2845

Jurisdiction - Consent jurisdiction of Provincial Court Judges - Election by accused - Time for election - Criminal Code of Canada, R.S.C. 1970, c. C-34, s. 484(2) - The Newfoundland Provincial Court held that the accused should be required to elect when he understands the charge against him, but that there was no requirement that the election be made immediately after the charge is read to the accused - The Provincial Court held that it was permissible to grant an adjournment to the accused to permit him to seek counsel before electing.

Cases Noticed:

Doyle v. The Queen (1976), 9 N.R. 285; 10 Nfld. & P.E.I.R. 45, cons'd. [para. 7].

Statutes Noticed:

Canadian Bill of Rights, R.S.C. 1970, App. III, sect. 2(e) [para. 15].

Criminal Code of Canada, R.S.C. 1970, c. C-34, sect. 484(2) [para. 11]; sect. 495(a) [para. 12].

Counsel:

J.B. Hill, and J.P. Byrne, for the Crown;

David B. Sparkes, for the accused.

This case was heard at St. John's, Newfoundland, before Magistrate LUTHER of the Newfoundland Provincial Court in the District of St. John's.

On August 26, 1976, Magistrate LUTHER delivered the following judgment: