Provincial Court

Decision Information

R. v. Cross

Court Provincial Court
Date 2005-06-22
Citation 2005 NSPC 23
Docket 1199318, 1199319, 1199320
Judge/Registrar/Adjudicator Burrill, James H. (Honourable Judge)
Document Type Library Sheet
Relations Decision - R. v. Cross - 2005 NSPC 23 - 2005-06-22 - Decision

Decision Content

IN THE PROVINCIAL COURT OF NOVA SCOTIA

Citation: R. v. Cross, 2005NSPC23

 

Date: 20050622

Docket: 1199318

1199319

1199320

Registry: Halifax

Between:

Her Majesty the Queen

 

v.

 

James Everett Cross

 

 

LIBRARY HEADING

 

Restriction on Publication:      S. 486(3) Ban on Publication of complainant’s name

 

Judge:                            The Honourable Judge James H. Burrill

 

Heard:                            June 22, 2005 in Halifax, Nova Scotia

 

 

Subject:                          Sex Offender Information Registration Order

-effect of s.11(i) of the Charter

 

Issue:                              Whether a registration order constitutes a “punishment”

 

Summary:                    The accused was convicted of a designated offence that

had been committed prior to the proclamation of the

Sex Offender Information Registry Act. The Crown sought a registration order against the accused. The requirements of a registration order were determined to be a “punishment” within the meaning of s. 11(i) of the Charter and to impose an order against the accused would violate the accused’s right to benefit from the lesser punishment.

 

Result:                          Crown application for an order not granted

 

 

 

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