Territorial Court

Decision Information

R v Atwood

Court Territorial Court
Date 1972-05-25
Other citations [1972] 5 W.W.R. 600 – 7 C.C.C. (2d) 116 (N.W.T. Mag. Ct.) – 8 C.C.C. (2d) 147 (N.W.T. Terr. Ct.) – reversing [1972] 4 W.W.R. 399
Judge(s) Morrow
Decision information:

Summary: Application to quash the order of magistrate whereby he quashed 2 informations as being an abuse of the process of the court. Court held that having stayed proceedings on the charges, the Crown was free to proceed by way of a fresh prosecution for the same offences. In relation to stays and relaying of charges the powers of the Attorney General were almost unlimited in scope. While the procedure followed by the Crown was reprehensible, it did not amount to abuse of process.
Decision: Application granted
Subjects: Criminal law - Abuse of process - Delay

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