IN THE SUPREME COURT OF NOVA SCOTIA
Citation: R. v. Hobbs, 2009 NSSC 257
Date: 20090811
Docket: CRH 287874
Registry: Halifax
Between:
Her Majesty the Queen
v.
Kevin Patrick Hobbs
LIBRARY HEADING
Judge: The Honourable Justice C. Richard Coughlan
Heard: August 11, 2009, in Halifax, Nova Scotia
Decision Rendered: August 11, 2009 (Orally) (Issue of Functus Officio)
Release of
Written Decision: August 27, 2009
Subject: Criminal Law - Procedure - Jury Trials - Loss or Termination of Jurisdiction upon fulfilling function
Summary: After the discharge of the jury, Mr. Hobb’s lawyer was advised by the Crown it was in possession of information
which may be subject to disclosure. Mr. Hobbs applied for a mistrial or a stay of proceedings on the basis of abuse of process.
Issue: Is the judge functus officio for the purpose of hearing the motions for mistrial or stay of proceeding?
Result: I am functus officio and do not have jurisdiction to hear a motion for a mistrial or judicial stay of proceeding.
THIS INFORMATION SHEET DOES NOT FORM PART OF THE COURT'S DECISION. QUOTES MUST BE FROM THE DECISION, NOT THIS LIBRARY SHEET.