Ontario Superior Court of Justice
Respondent
Her Majesty the Queen
and
[REDACTED]
[REDACTED]
Applicant
Counsel: Christina Lynch, for Crown
Matthew Friedberg,
for Accused
Released: February
22, 2006
O'Connor J.
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.