Two forced-fatal-error cases granted leave to appeal to ONCA

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Joined: Wed Jun 05, 2013 12:00 am

Two forced-fatal-error cases granted leave to appeal to ONCA

by: Arnblas on
Wed Jun 05, 2013 12:12 am

R. v. Farah and R. v. Mirza are similar cases in which the wrong H.T.A. section number was written on the ticket. The two accuseds each attempted to "force a fatal error" by failing to show up for their respective trial dates, and both were convicted in absentia. Their respective appeals to the provincial offences appeal court were both dismissed on the grounds that the H.T.A. section number is not an essential element of the ticket. Both accuseds have applied for, and have now been granted, leave to appeal these decisions to the Court of Appeal for Ontario.

Here are links to the decisions granting leave to appeal: R. v. Farah, R. v. Mirza

It will be interesting to see how the court of appeal rules on these cases, as that ruling will probably provide a lot more clarity to the forced-fatal-error strategy and when it is (or perhaps is not) applicable.
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