The Crown appealed the acquittal of a young person charged with assault with a weapon.
At trial, the complainant failed to attend after being served substitutionally via a family member.
The trial judge refused the Crown's requests for a material witness warrant and an adjournment, leading to the dismissal of the charges.
The Superior Court of Justice dismissed the appeal, finding that the trial judge properly exercised her discretion in refusing the warrant due to insufficient evidence that the complainant was aware of the subpoena, and in refusing the adjournment because the Crown failed to satisfy the conditions for an adjournment.
