r. v. cronin, [1988] 1 S.C.R. 213

Vernon Leo Cronin and Royce John King Appellants

v.

Her Majesty The Queen Respondent

indexed as: r. v. cronin

File No.: 19441.

1988: February 1.

Present: Estey, McIntyre, Lamer, Wilson and Le Dain JJ.

on appeal from the court of appeal for ontario

Criminal law ‑‑ Stay of prosecution ‑‑ Whether Crown's handling of a private prosecution justified a stay of prosecution of the accused.

APPEAL from a judgment of the Ontario Court of Appeal, rendered on June 13, 1985, allowing an appeal by the Crown and ordering a new trial. Appeal dismissed.

Russell J. Murphy, Q.C., and L. Bankston, for the appellants.

Brian J. Gover, for the respondent.

The judgment of the Court was delivered orally by

[1] Estey J.‑‑This Court is of the view that this appeal should be dismissed. We agree with the Court of Appeal that there is no basis in law for the stay of this prosecution.

Judgment accordingly.

Solicitor for the appellants: Russell J. Murphy, Q.C., Oshawa.

Solicitor for the respondent: The Ministry of the Attorney General for Ontario, Toronto.