In what circumstances will a preliminary hearing judge discharge an accused who had been charged with robbery and unlawful use of firearm while committing an indictable offence?
Saskatchewan, Canada
The following excerpt is from R. v. Matkowski, 2005 SKQB 214 (CanLII):
In Dubois v. R., 1986 CanLII 60 (SCC), [1986] 1 S.C.R. 366, the appellant faced charges of robbery and unlawful use of a firearm while committing an indictable offence. The preliminary hearing judge ruled that he had to be satisfied beyond a reasonable doubt that there was some positive identification of the appellant as the culprit. He concluded that the appellant had not been positively identified and therefore discharged the appellant.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Is a preliminary hearing judge required to commit the accused to trial? (Saskatchewan, Canada)
Does a party have a right to revert to the facts of an offence committed before the date of the offence when the offence was forgiven? (Saskatchewan, Canada)
In what circumstances will a judge be bound to a decision of another judge on a point of law at nisi prius? (Saskatchewan, Canada)
Can a trial judge hear and dispose of a motion to quash the indictment on the grounds of constitutional invalidity? (Saskatchewan, Canada)
In what circumstances will the court interfere with the chambers judge or trial judge on an interim maintenance order? (Saskatchewan, Canada)
Is there any ground on which the summons issued pursuant to the information respecting the May, 1961 offence relating to the offence respecting the date of the offence? (Saskatchewan, Canada)
Can a judge's charge be read as a whole? (Saskatchewan, Canada)
Does the discharge of the trustee and discharge from bankruptcy have an effect on revesting the rights of the debtor? (Saskatchewan, Canada)
Does the rule against multiple convictions apply to a case involving the offences of driving with a blood alcohol content in excess of .08 coupled with the charge of driving while disqualified? (Saskatchewan, Canada)
In what circumstances will the trial judge allow the parents of a plaintiff to participate in the trial? (Saskatchewan, Canada)
