R. v. Thompson, (1984) 29 Man.R.(2d) 230 (QB)

• Judge: Kennedy, J.
• Court: Court of Queen's Bench of Manitoba (Canada)
• Case Date: September 18, 1984
• Jurisdiction: Manitoba
• Citations: (1984), 29 Man.R.(2d) 230 (QB)

R. v. Thompson (1984), 29 Man.R.(2d) 230 (QB)

MLB headnote and full text

R. v. Thompson

(Suit No. 84-01-01045)

Indexed As: R. v. Thompson

Manitoba Court of Queen's Bench

Kennedy, J.

September 18, 1984.

Summary:

An accused was charged with breaking out of his prison cell. At the preliminary hearing the accused was discharged. He was subsequently charged with being unlawfully at large after his escape. The accused applied to have the second information quashed, alleging an abuse of process.

The Manitoba Court of Queen's Bench dismissed the accused's application to quash.

Criminal Law - Topic 253

Abuse of process - What constitutes - An accused was discharged at a preliminary hearing on a charge of breaking out of his prison cell - Two months later without notice, the Crown charged him with being unlawfully at large after his escape - The accused applied to quash the information on the ground that it was an abuse of process, given the delay, lack of notice to the accused and the Charter - The Manitoba Court of Queen's Bench dismissed the accused's application to quash and held that there was no abuse of process.

Cases Noticed:

R. v. Ewonchuck (1974), 16 C.C.C.(2d) 517, folld. [para. 5].

R. v. Anderson and Thompson (1980), 5 Man.R.(2d) 329, refd to. [para. 10].

Statutes Noticed:

Canadian Charter of Rights and Freedoms, generally [para. 7].

Counsel:

B. Miller, for the Crown;

Martin G. Tadman, for Thompson.

This application was heard before Kennedy, J., of the Manitoba Court of Queen's Bench, who delivered the following decision on September 18, 1984: