R. v. Anderson

R. v. Anderson

The Crown proved absconding: adverse rulings immediately preceding the absence, the accused removing virtually all belongings in the early hours and not returning, providing his counsel misleading information that he was on his way, and unsuccessful police efforts to locate him; on that basis the trial was lawfully...

Source-derived case information.

Citation
2014 BCSC 1518
Parties
Crown: Regina; Accused: Joadth Michael Anderson; Accused: Travis Arthur Kelly; Accused: James Phillip Patrick Paulin
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
13 March 2014
Procedural Posture
Criminal / Trial (mid Trial Absconding Determination)
Outcome
Finding that Joadth Michael Anderson has absconded and directing the trial to continue in his absence under s.475(1) Criminal Code.
Legal Topics
Absconding, Proceeding in Absence, Section 475 Criminal Code, Warrant for Arrest
Source Language
english
Criminal Law Criminal Procedure Evidence Absconding Proceeding in Absence Section 475 Criminal Code Warrant for Arrest

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Parties

Regina

Crown

Joadth Michael Anderson

Accused

Travis Arthur Kelly

Accused

James Phillip Patrick Paulin

Accused

Procedural Posture

Criminal / Trial (mid Trial Absconding Determination)

Legal Issues

  1. 1 Whether the accused Joadth Anderson absconded under s.475 of the Criminal Code
  2. 2 Whether the Crown met its onus to prove voluntary absence with intent to frustrate or avoid trial consequences
  3. 3 Whether the trial should continue in the accused's absence

Ratio Decidendi

The Crown proved absconding: adverse rulings immediately preceding the absence, the accused removing virtually all belongings in the early hours and not returning, providing his counsel misleading information that he was on his way, and unsuccessful police efforts to locate him; on that basis the trial was lawfully directed to continue in his absence under s.475(1) of the Criminal Code.

Court Disposition

Finding that Joadth Michael Anderson has absconded and directing the trial to continue in his absence under s.475(1) Criminal Code.

Orders

  • Finds that Joadth Michael Anderson has absconded.
  • Trial to continue in his absence under s.475(1) of the Criminal Code.