Court of Appeal

Decision Information

R. v. Innocente

Court Court of Appeal
Date 2001-11-27
Citation 2001 NSCA 168
Docket CAC 163508, 169169
Judge/Registrar/Adjudicator Flinn, Edward J. (Honourable Justice); Chipman, David (Honourable Justice); Roscoe, Elizabeth A. (Honourable Justice) (CA)
Document Type Library Sheet
Relations Decision - R. v. Innocente - 2001 NSCA 168 - 2001-11-27 - Decision

Decision Content

CASE NO.                        VOL. NO.                               PAGE

 

Her Majesty The Queen                      - and -  Daniel Joseph Innocente and Giles Poirier    

                                                                                                                            

(Appellant)                                                                                        (Respondents)

 

CAC 163508                                  Halifax, N.S.                                Chipman, J.A.

CAC 169169

                                                                                                                            

                               [Cite as: R. v. Innocente, 2001 NSCA 168 ]

 

APPEAL HEARD:                        November 22, 2001

 

JUDGMENT DELIVERED:          November 27, 2001

 

SUBJECT:       Criminal Law - Stay of Proceedings for Alleged Crown and Police Misconduct - Right to Make Full Answer and Defence.

 

Charter of Rights and Freedoms - Sections 7 and 11(d) - Crown Disclosure - Right to Make Full Answer and Defence.

 

SUMMARY:    An application by the respondents for a stay of a charge of conspiracy to traffic in cannabis resin and cocaine was granted in the Supreme Court on the ground of Crown and police misconduct in three of six issues raised on the motion.  The trial judge also ordered the exclusion of certain evidence and awarded costs against the Crown.  The Crown appealed.

 

ISSUE:             Whether the trial judge erred in granting a stay.

 

RESULT:         The Court of Appeal allowed the appeal setting aside the stay, the order for exclusion of evidence and the order for costs.  The Court of Appeal concluded that the trial judge misunderstood the evidence and erred in the conclusions that he drew from it and that in so doing an injustice resulted.

 

 

 

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