CASE NO. VOLUME PAGE
Cite as: R. v. M.D., 1998 NSCA 47
M. D. HER MAJESTY THE QUEEN IN
RIGHT OF THE PROVINCE OF
NOVA SCOTIA
- and -
(Appellant) (Respondent)
C.A. No. 141637 Halifax, N.S. FLINN, J.A.
(orally)
APPEAL HEARD: January 9, 1998
JUDGMENT DELIVERED: January 9, 1998
WRITTEN RELEASE OF ORAL:
SUBJECT: Appeal from certiorari order of Supreme Court Judge
SUMMARY: On a certiorari application, a Supreme Court Judge quashed an order, as to costs, issued by a Provincial Court Judge against the Crown. The order had been granted by the Provincial Court Judge, as a Charter remedy, on the basis of abuse of prosecutorial discretion. It was granted following an application heard immediately after the appellant was acquitted.
The Supreme Court Judge quashed the order because:
1. Defence counsel had not given appropriate notice of his intention to seek a Charter remedy so as to enable the Crown to call evidence as to how it exercised its prosecutorial discretion.
2. The Provincial Court Judge refused to allow the Crown to call evidence, and decided the issue on the basis of the evidence which was presented at the trial.
3. The decision of the Provincial Court Judge was without jurisdiction because that decision was rendered without evidence of the improper exercise of prosecutorial discretion, and without a finding by the trial judge of the essential ingredients of abuse of discretion.
RESULT: Appeal dismissed. The Supreme Court Judge made no reviewable error in quashing the order, as to costs, issued by the Provincial Court Judge.
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THIS INFORMATION SHEET DOES NOT FORM PART OF THE COURT'S DECISION, QUOTES MUST BE FROM THE DECISION, NOT FROM THE COVER SHEET. THE FULL COURT DECISION CONSISTS OF 2 PAGES. |