The accused applied for an order permitting him to re-elect his mode of trial to judge and jury, dispensing with the requirement for the Crown's consent under s. 561(1)(a)(iii) of the Criminal Code.
The accused argued his previous re-election to judge alone was not informed or voluntary.
The court found the accused's re-election to judge alone was voluntary, informed, and unequivocal, and that there was no evidence of a miscarriage of justice or Crown abuse of process.
The application was dismissed.
