I only wish to add that in my opinion the concept of “abuse of process” in criminal prosecutions, if available at all, is available only in those cases wherein a private prosecutor conducts the case for the informant. In that instance if the defendant feels that he is being oppressed by “an abuse of process” he can ask the Attorney General to intervene and put a stop to the proceedings by entering a nolle prosequi. This was done in Regina v. Leonard, supra. If the Attorney General does not see fit to intervene, then the defendant may be able to move the court to dismiss the information against him as being an abuse of process, and the court might have jurisdiction in that case to rule on that motion. Where, however, the prosecution is conducted by the Attorney General or his agent, then the jurisdiction to determine whether or not the prosecution shall proceed or be stayed lies with the Attorney General.
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