R. v. Samson (M.), (2012) 329 Nfld. & P.E.I.R. 239 (NLTD(G))

• Judge: Thompson, J.
• Court: Supreme Court of Newfoundland and Labrador (Canada)
• Case Date: December 16, 2011
• Jurisdiction: Newfoundland and Labrador
• Citations: (2012), 329 Nfld. & P.E.I.R. 239 (NLTD(G))

R. v. Samson (M.) (2012), 329 Nfld. & P.E.I.R. 239 (NLTD(G));

    1022 A.P.R. 239

MLB headnote and full text

Temp. Cite: [2012] Nfld. & P.E.I.R. TBEd. OC.039

Her Majesty the Queen (Crown) v. Michael Samson (accused)

(200901T2513; 2012 NLTD(G) 152)

Indexed As: R. v. Samson (M.)

Newfoundland and Labrador Supreme Court

Trial Division (General)

Thompson, J.

February 3, 2012.

Summary:

The accused was tried and convicted. Before sentencing, the accused applied for a stay on the basis that a plea was not in fact taken, notwithstanding the advancement and conclusion of the trial.

The Newfoundland and Labrador Supreme Court, Trial Division (General), dismissed the application.

Criminal Law - Topic 4222

Procedure - Pleas - Requirement of plea prior to trial - The accused was tried and convicted - Before sentencing, the accused applied for a stay on the basis that a plea had not in fact been taken - The Newfoundland and Labrador Supreme Court, Trial Division (General), dismissed the application for a stay based upon failure to enter a formal plea - The accused, with experienced counsel, chose his method of trial as by judge without a jury, raised in his defence a Charter challenge based upon delay, put the Crown to the proof of its case against him, cross-examined Crown witnesses and presented full argument in his defence - No established prejudice prior to the commencement of trial arose by his not being asked to state his plea.

Criminal Law - Topic 4486

Procedure - Trial - Stay of proceedings - [See Criminal Law - Topic 4222 ].

Cases Noticed:

R. v. Tippett (J.I.P.) (2010), 299 Nfld. & P.E.I.R. 174; 926 A.P.R. 174; 2010 NLCA 49, refd to. [para. 4].

R. v. Walsh (T.) (1996), 149 N.S.R.(2d) 169; 432 A.P.R. 169; 106 C.C.C.(3d) 462 (C.A.), refd to. [para. 8].

R. v. C.N., [1992] 3 S.C.R. 471; 144 N.R. 293; 52 Q.A.C. 51, refd to. [para. 8].

R. v. Panousis (C.) (2002), 329 A.R. 58 (Q.B.), refd to. [para. 9].

R. v. Williams, [1978] Q.B. 373, [1977] 1 All E.R. 874 (C.A.), refd to. [para. 10].

R. v. Mitchell (J.) (1997), 105 O.A.C. 381; 121 C.C.C.(3d) 139; 1997 CarswellOnt 4973 (C.A.), appld. [para. 11].

Counsel:

John Brooks, Q.C., for the Crown;

Averill Baker, for the accused.

This case was heard on December 16, 2011, and January 27, 30, 31 and February 3, 2012, at St. John's, N.L., by Thompson, J., of the Newfoundland and Labrador Supreme Court, Trial Division (General), who delivered his decision on February 3, 2012, an edited transcript of which follows.