R. v. Omingmak, (1980) 25 A.R. 181 (NWTSC)

• Judge: Tallis, J.
• Court: Supreme Court of Northwest Territories (Canada)
• Case Date: January 28, 1980
• Jurisdiction: Northwest Territories
• Citations: (1980), 25 A.R. 181 (NWTSC)

R. v. Omingmak (1980), 25 A.R. 181 (NWTSC)

MLB headnote and full text

R. v. Omingmak

(S.C. 2053)

Indexed As: R. v. Omingmak

Northwest Territories Supreme Court

Tallis, J.

January 28, 1980.

Summary:

This headnote contains no summary.

Criminal Law - Topic 4618

Procedure - Venue - Change of - Reasonable probability of denial of a fair trial - The accused was charged with rape - Application for a change of venue was made because the offence occurred in a small community where most of the families were either related by blood or marriage, so it would be difficult to empanel a jury that did not have some involvement in the case - The Northwest Territories Supreme Court allowed the application in order to provide a fair trial for both the accused and the victim.

Cases Noticed:

R. v. Lafferty (1977), 35 C.C.C.(2d) 183, refd to. [para. 6].

Counsel:

Tom Dore, for the Crown;

Clarke Rehn, for the defence.

This case was heard by TALLIS, J., of the Northwest Territories Supreme Court.

On January 28, 1980, TALLIS, J., delivered the following judgment.