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STATE OF RIDGEWAY
STATE OF RIDGEWAY
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DOCKET NO. RSC-CM-426
Plaintiff
v.
masterch8se
Defendant
MOTION TO FIND INFORMATION INSUFFICIENT; DISMISS
The criminal information is the first thing defence counsel will see in a criminal
proceeding--probably before he sees and talks to his client for the first time. It is why the
contents of the information is crucial in affording the accused his right to full answer and
defence. It is important to note that an information that merely recites the elements of the offence
for which the accused is being charged is insufficient. An information is sufficient if it contains
the elements of the offence charged, informs the accused of the nature of the offence, and
informs the accused to the extent of being able to make full answer and defence. In other terms,
the information is insufficient if it did not provide the accused with fair notice of his alleged
conduct leading to the alleged contravention. An information which alleges no more than the
statutory language--that is, without description of the nature of the conduct--is insufficient. We
submit that the information is insufficient and rely on the following.
● Counts 1 through 3 all contain the exact same description. That shows lack of
particularity and a failure to inform the accused of the nature of his alleged offence. The
three descriptions, being identical, also contain mere recitals of the offence charged–not
even the elements of those offences, as required.
● Description for count 4 fails to include the nature of the offence and the facts alleged do
not constitute the offence charged. The offence charged does not prohibit parking in front,
behind, or beside a bus.
● Allegations contained in count 5 does not constitute an offence as it does not allege the
discharge occurred within city limits or a residential area as required by the offence
charged.
● Description for count 6 fails to include the nature of the offence, rendering it insufficient
in informing the accused of the allegedly unlawful conduct and in affording him with the
right to make full answer and defence. The accused is not privy to the occasions during
which he is alleged to have committed the acts alleged and hence the nature of the
offence.
● Description for count 7 fails to include the nature of the offence, rendering it insufficient
in informing the accused of the allegedly unlawful conduct and in affording him with the
right to make full answer and defence. The accused is not privy to neither the occasions
during which he is alleged to have committed the acts alleged nor the person he is alleged
to have aided and hence the nature of the offence.
We move to dismiss the information.
Respectfully Submitted,
/s/ koalaMedvedeva
Counsel of Record
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Jun 5, 2022 12:00 PM
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CRIMINAL_COMPLAINT
Uploaded by
state of ridgeway
Notes
Defense Motion to Dismiss — archived from the Trello docket (https://trello.com/c/yq7ImqHz)
