January 16th, 2019
R. v. Conway-McDowall, 2019 Edmonton Queen’s Bench – Re-Election As To Mode Of Trial After Direct Indictment Available Without Crown Consent
Accused was charged with sexual assault and interference. Crown preferred a direct indictment, which resulted in a deemed jury election under s. 565(1) CC. Later, accused served notice of re-election to judge alone. Crown argued re-election was not possible as s. 561(2) CC applied; thus defence could only re-elect as of right at least 14 … Read More.