R v Mohi

Raymond Mohi was charged with assisting an offender in relation to the murder of a deceased person. Mohi sought a permanent stay of the prosecution on the basis that to permit the prosecution to proceed would amount to an abuse of the processes of the court. The primary issue before the court was whether the prosecution of Mohi would amount to an abuse of process. In examining this issue, the court considered the circumstances in which Mohi was interviewed by the police, the assurances given to Mohi by the police, and the conduct of the Director of Public Prosecutions in relation to Mohi. The court found that the prosecution of Mohi would amount to an abuse of process due to the cumulative effect of the assurances given to Mohi by the police and the conduct of the Director through his officers. The court ordered a permanent stay of the prosecution of Mohi.