Judge allowed Order permitting accused to re-elect to be tried before a judge alone and found the accused had to be given a new opportunity to make an informed decision to elect the mode of trial after the Crown had changed its case substantially.
Ontario Superior Court of Justice
Her Majesty the Queen
Counsel: [REDACTED], for Crown
[REDACTED], for Accused
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.