R. v. Riddle, (1976) 1 A.R. 396 (TD)

• Judge: Laycraft, J.
• Court: Court of Queen's Bench of Alberta (Canada)
• Case Date: November 10, 1976
• Citations: (1976), 1 A.R. 396 (TD)

R. v. Riddle (1976), 1 A.R. 396 (TD)

MLB headnote and full text

R. v. Riddle

Indexed As: R. v. Riddle

Alberta Supreme Court

Trial Division

Judicial District of Calgary

Laycraft, J.

November 10, 1976.

Summary:

This case arose out of a charge of common assault. The accused pleaded not guilty. At the opening of the trial the Crown requested an adjournment because the complainant was not present. The trial judge refused to grant an adjournment. The Crown did not call any evidence and the trial judge dismissed the information and discharged the accused. Subsequently, the accused was charged again with respect to the same matter. The accused pleaded autrefois acquit. The plea of autrefois acquit was accepted and the second charge was dismissed.

On appeal by the Crown by way of stated case to the Supreme Court of Alberta the appeal was dismissed and the dismissal of the second charge against the accused was affirmed. The Alberta Supreme Court stated that a plea of autrefois acquit was available in summary conviction proceedings under the Criminal Code.

In addition, the Alberta Supreme Court stated that the dismissal of the original charge was such a dismissal as would entitle the accused to an order of dismissal under s. 743 of the Criminal Code and that such an order of dismissal would be a bar to further proceedings - see paragraph 7.

Criminal Law - Topic 4225

Pleas - Plea of autrefois acquit - Summary conviction offences - The accused was charged with common assault - The trial judge dismissed the charge when the Crown was refused an adjournment and the Crown failed to call any evidence - Subsequently the accused was charged with the same offence again and the accused pleaded autrefois acquit - The plea was accepted and the second charge was dismissed - On appeal the Alberta Supreme Court, Trial Division, affirmed the dismissal of the second charge and stated that the plea of autrefois acquit was available in summary conviction proceedings under the Criminal Code.

Criminal Law - Topic 4244

Certificate of dismissal - When available - What constitutes a dismissal which can be raised by an accused as a bar to subsequent prosecutions for the same offence - Criminal Code, s. 743 - The accused was charged with common assault - The trial judge dismissed the charge when the Crown was refused an adjournment and the Crown failed to call any evidence - The Alberta Supreme Court, Trial Division, stated that such a dismissal was a final judgment which would entitle the accused to an order of dismissal under s. 743 and that the order would be a bar to further proceedings - See paragraph 7.

Cases Noticed:

Blair & Karashowsky v. The Queen, [1975] 5 W.W.R. 723, folld. [para. 3].

R. v. Cooper, [1971] 4 W.W.R. 621; (1971), 3 C.C.C.(2d) 261, refd to. [para. 4].

R. v. Canadian Pacific Limited, 1 A.R. 177, refd to. [para. 5].

R. v. Badiuk, [1930] 2 D.L.R. 318, folld. [para. 10].

R. v. Stronach, [1928] 3 D.L.R. 216, folld. [para. 11].

Re Highbury (1957), 8 D.L.R.(2d) 694, folld. [para. 11].

National Assistance Board v. Wilkinson, [1952] 2 Q.B. 648, folld. [para. 11].

Richard v. The Queen (1971), 1 C.C.C. (2d) 153 (S.C. Can.), folld. [para. 12].

R. v. Handy, [1971] 4 W.W.R. 289 (Alta. C.A.), folld. [para. 13].

Connolly v. The Queen, [1970] 2 C.C.C. 144, folld. [para. 13].

R. v. Firth (1970), 74 W.W.R. 401, folld. [para. 14].

R. v. Kinch (1974), 7 Nfld. & P.E.I.R. 34; 20 C.C.C.(2d) (P.E.I.S.C.), folld. [para. 14].

Statutes Noticed:

Criminal Code of Canada, R.S.C. 1970, c. C-34, sect. 743.

Authors and Works Noticed:

Hawkins' Pleas of the Crown (1824), vol. 2, p. 522 [para. 9].

Counsel:

Ms. D. Martinson, for the Crown;

J.T. Daines, for the accused.

The judgment of the Alberta Supreme Court, Trial Division was delivered by LAYCRAFT, J., at Calgary, Alberta, on November 10, 1976.