R. v. Mangels, (1979) 9 Sask.R. 45 (CA)

• Judge: Culliton, C.J.S., Woods and Bayda, JJ.A.
• Court: Court of Appeal (Saskatchewan)
• Case Date: March 27, 1979
• Jurisdiction: Saskatchewan
• Citations: (1979), 9 Sask.R. 45 (CA)

R. v. Mangels (1979), 9 Sask.R. 45 (CA)

MLB headnote and full text

R. v. Mangels

(No. 8101)

Indexed As: R. v. Mangels

Saskatchewan Court of Appeal

Culliton, C.J.S., Woods and Bayda, JJ.A.

March 27, 1979.

Summary:

This case arose out of a charge of neglecting to provide suitable and adequate food and shelter for cattle contrary to s. 402(1)(c) of the Criminal Code. At trial the accused alleged that the charge was duplicitous and was granted an adjournment to apply to quash the information.

The Saskatchewan Court of Queen's Bench granted the application and held that the information was duplicitous.

On appeal by the Crown to the Saskatchewan Court of Appeal the appeal was allowed and the order quashing the information was set aside.

Criminal Law - Topic 7280

Summary conviction proceedings - Informations - Duplicity - The accused was charged that he, as owner, did wilfully neglect to provide suitable and adequate food and shelter for cattle - The Saskatchewan Court of Appeal held that such a charge was not duplicitous.

Cases Noticed:

R. v. Brunet, [1968] S.C.R. 713, refd to. [para. 7].

Statutes Noticed:

Criminal Code of Canada, R.S.C. 1970, c. C-34, sect. 402(1)(c) [para. 5].

Counsel:

D. Murray Brown, for the appellant;

A. Kapoor, for the respondent.

This appeal was heard by CULLITON, C.J.S., WOODS and BAYDA, JJ.A., of the Saskatchewan Court of Appeal, on March 21, 1979.

The judgment of the Court of Appeal was delivered by CULLITON, C.J.S., on March 27, 1979.