Supreme Court
Decision Information
Summary: Accused charged with sexually touching underage girl. Elected mode of trial by Judge and Jury, then re-elected to Judge alone. Waived holding of preliminary inquiry, committed to stand trial, and now wishes to re-elect mode of trial to trial by Judge and Jury. Court found Code provides accused only able to do so at this point with written consent of Crown. Crown not consenting. Accused claims not bound by earlier waiver and is unreasonable interference with his constitutional right to trial by jury of his peers. Court found accused's Charter application without merit.
Decision: Application denied
Subjects: Criminal law - Trial - Election by accused - Re-election