Saturday, April 2, 2016

If an accused behaves so as to make a preliminary inquiry impossible that accused is deemed to waive the preliminary

R v Grant, 2016 ONCJ 170:

A preliminary inquiry is not automatic and is to be held only following a request from either the Crown or the accused. In this case the conduct of the self-represented defendant made it impossible to conduct the hearing and the court deemed this to be an effective withdrawal of the earlier request to hold a preliminary inquiry. As a result the accused ordered to stand trial. 


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