The appellant was charged in separate informations with assault causing bodily harm (indictable) and assault (summary).
At trial, defence counsel suggested dealing with both charges at once, and the Crown consented.
The appellant was convicted of both charges.
He appealed, arguing the trial judge lacked jurisdiction to try separate informations together.
The Supreme Court of Canada reconsidered its previous rulings and held that a court has jurisdiction to try separate informations together, including a mix of summary and indictable offences, provided both the accused and the prosecution consent, and the accused waives the right to a preliminary inquiry and trial in a higher court.
The appeal was dismissed.
