R. v. Murray, (1977) 5 A.R. 241 (TD)

Judge:Bowen, J.
Court:Court of Queen's Bench of Alberta
Case Date:May 04, 1977
Jurisdiction:Alberta
Citations:(1977), 5 A.R. 241 (TD)
 
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R. v. Murray (1977), 5 A.R. 241 (TD)

MLB headnote and full text

R. v. Murray

Indexed As: R. v. Murray

Alberta Supreme Court

Trial Division

Judicial District of Edmonton

Bowen, J.

May 4, 1977.

Summary:

This headnote contains no summary.

Criminal Law - Topic 3611

Preliminary inquiry - Adjudication and review - Discharge, requirement of holding or embarking on an inquiry - Criminal Code, s. 505(4) - Prior to a preliminary inquiry a trial judge discharged the accused after the Crown counsel told the court that the Crown failed to subpoena its witnesses - See paragraph 6 - Subsequently, the Crown laid another charge against the accused based on the same facts - The Alberta Supreme Court, Trial Division, dismissed the accused's application for an order to prohibit the trial of the accused on the newly laid charge - The Trial Division stated that the original dismissal by the trial judge was invalid - The Trial Division stated that the exchange between counsel and the court respecting the failure of the Crown to issue subpoenas did not constitute the holding of an inquiry which was necessary before the court could validly discharge the accused.

Cases Noticed:

R. v. Osborne, [1971] S.C.R. 184, folld. [para. 15].

Statutes Noticed:

Criminal Code of Canada, R.S.C. 1970, c. C-34, sect. 505(4) [para. 11].

Counsel:

Peter J. Royal, for the applicant;

A. Piragoff, for the respondent.

The judgment of the Trial Division of the Alberta Supreme Court was delivered by BOWEN, J., at Edmonton, Alberta on May 4, 1977.

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