The applicants, charged with violence and neglect, sought to vacate their election for a judge-alone trial and re-elect for a judge and jury trial.
They argued their initial waiver of a jury trial was not validly informed and that the Crown's refusal to consent to re-election constituted an abuse of process.
The court found the initial election was voluntary and unequivocal, and that the applicants were sufficiently informed, having received some legal advice.
The court also determined that the Crown's refusal to consent did not meet the high threshold for abuse of process, as there was no prosecutorial misconduct that would shock the conscience of the community.
The application to re-elect was dismissed.
