Marginal note:Sufficiency of count relating to fraud
586. No count that alleges false pretences, fraud or any attempt or conspiracy by fraudulent means is insufficient by reason only that it does not set out in detail the nature of the false pretence, fraud or fraudulent means.
- R.S., c. C-34, s. 515.
Marginal note:What may be ordered
587. (1) A court may, where it is satisfied that it is necessary for a fair trial, order the prosecutor to furnish particulars and, without restricting the generality of the foregoing, may order the prosecutor to furnish particulars
(a) of what is relied on in support of a charge of perjury, the making of a false oath or a false statement, fabricating evidence or counselling the commission of any of those offences;
(b) of any false pretence or fraud that is alleged;
(c) of any alleged attempt or conspiracy by fraudulent means;
(d) setting out the passages in a book, pamphlet, newspaper or other printing or writing that are relied on in support of a charge of selling or exhibiting an obscene book, pamphlet, newspaper, printing or writing;
(e) further describing any writing or words that are the subject of a charge;
(f) further describing the means by which an offence is alleged to have been committed; or
(g) further describing a person, place or thing referred to in an indictment.
Marginal note:Regard to evidence
(2) For the purpose of determining whether or not a particular is required, the court may give consideration to any evidence that has been taken.
(3) Where a particular is delivered pursuant to this section,
(a) a copy shall be given without charge to the accused or his counsel;
(b) the particular shall be entered in the record; and
(c) the trial shall proceed in all respects as if the indictment had been amended to conform with the particular.
- R.S., 1985, c. C-46, s. 587;
- R.S., 1985, c. 27 (1st Supp.), s. 7.
Ownership of Property
588. The real and personal property of which a person has, by law, the management, control or custody shall, for the purposes of an indictment or proceeding against any other person for an offence committed on or in respect of the property, be deemed to be the property of the person who has the management, control or custody of it.
- R.S., c. C-34, s. 517.
Joinder or Severance of Counts
Marginal note:Count for murder
589. No count that charges an indictable offence other than murder shall be joined in an indictment to a count that charges murder unless
(a) the count that charges the offence other than murder arises out of the same transaction as a count that charges murder; or
(b) the accused signifies consent to the joinder of the counts.
- R.S., 1985, c. C-46, s. 589;
- 1991, c. 4, s. 2.
- Date modified: