R. v. Gould, 1987 CanLII 47 (SCC), [1987] 1 SCR 499
James Scott Gould Appellant
v.
Her Majesty The Queen Respondent
indexed as: r. v. gould
File No.: 19478.
1987: May 7.
Present: McIntyre, Lamer, Wilson, Le Dain and L'Heureux‑Dubé JJ.
on appeal from the court of appeal for saskatchewan
Criminal law ‑‑ Procedure ‑‑ Pleas ‑‑ Autrefois acquit ‑‑ Accused's committal for trial quashed before plea ‑‑ Crown appealed but unable to effect service ‑‑ Direct indictment preferred by Attorney General against accused ‑‑ Indictment dismissed by trial judge on a plea of autrefois acquit ‑‑ Appeal by Crown allowed ‑‑ Accused never placed in jeopardy on the proceedings on first indictment ‑‑ Accused not entitled to plea of autrefois acquit.
APPEAL from a judgment of the Saskatchewan Court of Appeal (1985), 1985 CanLII 2359 (SK CA), 40 Sask. R. 173, [1985] 5 W.W.R. 430, allowing an appeal by the Crown from a dismissal of indictment. Appeal dismissed.
Howard Rubin, for the appellant.
S. R. Fainstein and Horst H. Dahlem, for the respondent.
The following is the judgment delivered orally by
- McIntyre J.‑‑As found by the Court of Appeal, the appellant was never in jeopardy on the proceedings concerning the first indictment and he is therefore not entitled to the plea of autrefois acquit in respect of the second indictment. The appeal is dismissed.
Judgment accordingly.
Solicitors for the appellant: Rubin, Purves, Vancouver.
Solicitor for the respondent: Frank Iacobucci, Ottawa.