SECTIONS 10(A) AND 10(B) - SUSPECT'S JEOPARDY CHANGES
Saturday, January 28, 2017 at 8:20AM Mr. Moore was intially arrested for dangerous driving causing bodily harm as a result of a "road rage incident". He called and spoke to duty counsel from the police station. Then he was later told that he was also facing a charge of assault with a weapon out of the same incident. Mr. Moore then called and left a message to speak to his "own lawyers". However the investigating officer took a statement from Mr. Moore before the lawyers called back and spoke to Mr. Moore. He was convicted at trial but the Ontario Court of Appeal allowed his appeal and ordered a new trial, concluding that the new charge increased his jeopardy and the police breached his s. 10(b) Charter rights by failing to afford him a second opportunity to speak to counsel. R. v. Moore, 2016 ONCA 964