The accused was charged with assault causing bodily harm and elected trial by judge alone.
At the preliminary inquiry, the judge found insufficient evidence for the original charge and committed the accused to stand trial on the lesser included offence of common assault.
The prosecutor nevertheless preferred an indictment on the original charge.
The Supreme Court of Canada held that the prosecutor had no power to prefer an indictment under section 574 of the Criminal Code for an offence in respect of which the accused had been discharged at the preliminary inquiry.
The appeal was allowed and the indictment quashed.
