HER MAJESTY THE QUEEN DAMON COLE
- and -
(Appellant) (Respondent)
CAC 159465 Halifax, N.S. BATEMAN, J.A.
[Cite as: R. v. Cole, 2000 NSCA 42]
APPEAL HEARD: January 31, 2000
JUDGMENT DELIVERED: March 24, 2000
SUBJECT: Costs against the Crown in a criminal proceeding.
SUMMARY: Accused successfully applied for a judicial stay of proceedings in a criminal matter. On the motion, judge found that the Crown, in entering a stay or proceedings pursuant to s.579 C.C., had abused the process of the court (s.7 Charter) and that the abuse was so egregious as to warrant a judicial stay. Judge ordered costs against the Crown of $12,000 on the successful stay motion.
ISSUES: Crown appeals the costs order only.
RESULT: Appeal allowed. In ordering costs the judge failed to apply proper principles.
This information sheet does not form part of the court’s decision. Quotes must be from the judgment, not this cover sheet. The full court judgment consists of 31 pages. |