[REDACTED]

Ontario Superior Court of Justice

Respondent

Her Majesty the Queen

and

[REDACTED]

Applicant

Counsel: [REDACTED], for Crown

[REDACTED], for Accused

Released: [REDACTED]

Judge: [REDACTED]

Ruling

The accused was charged with sexual assault and several other sexual offences against his daughter, who alleged the offences occurred over the course of six years, when she was between 10 and 15 years of age. The accused elected to be tried by judge and jury at a preliminary inquiry. After the Crown changed its case, the Crown would not consent to a re-election, so the accused sought an order permitting him to be tried by judge alone. The Court granted the application as the accused had to be given a new opportunity to make an informed decision to elect the mode of trial as changes in the case were material and substantial.

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Caramanna, Friedberg LLP is a criminal defence law firm located in Toronto, Ontario. The firm provides expert legal advice and protects the rights of individuals facing criminal charges.

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