Court of Appeal
Decision Information
Summary: Conviction appeal. Whether the appellants' failure to appear at the designated time for a pre-trial motion disentitles them to the benefit of a jury trial. After fixing a time for the pre-trial motion, the appellants failed to appear on time. The trial judge invoked s. 598 of the Criminal Code and held that their failure to apperr on time deprived them of their right to a jury trial. The jury were excused and the trial proceeded before the trial judge. Appellants appealed on a number grounds, but court finds it unnessecary to go beyond this threshold issue.
Decision: Allowed. New trial ordered
Appeal: Appeallants appeal on the grounds that the trial judge erred in invoking s. 598 of the Criminal Code after they appeared late for a pre-trial motion.
Subjects: Criminal law - Juries - Right to jury trial
Civil liberties and human rights - Legal rights - Trial by jury