R. v. Riley

R. v. Riley

The court found the facts did not meet the high threshold for abuse of process or a stay; the undercover conduct, while involving deception and inducements, was not so shocking, coercive or unfair as to render the trial unjust, therefore the application for a stay was denied and the proceedings were to continue subject to publication restrictions.

Citation
2001 BCSC 1407
Parties
Crown: Her Majesty the Queen; Accused: Barry Wayne Riley; Accused: David Brock Henry
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
12 October 2001
Procedural Posture
Criminal First Degree Murder / Voir Dire Abuse of Process Application During Trial (ruling)
Outcome
Application for stay of proceedings for abuse of process denied; proceedings to continue
Legal Topics
Abuse of Process, Undercover Police Conduct, Voluntariness of Statements, Stay of Proceedings, Publication Ban
Source Language
English
Criminal Procedure Evidence Charter/constitutional Law Abuse of Process Undercover Police Conduct Voluntariness of Statements Stay of Proceedings Publication Ban

Case Brief

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Parties

Her Majesty the Queen

Crown

Barry Wayne Riley

Accused

David Brock Henry

Accused

Procedural Posture

Criminal First Degree Murder / Voir Dire Abuse of Process Application During Trial (ruling)

Legal Issues

  1. 1 Whether undercover officers' conduct amounted to an abuse of process warranting a stay of proceedings
  2. 2 Whether the statements attributed to the accused were free, voluntary and reliable
  3. 3 Whether the officers acted in bad faith or engaged in conduct that would shock the community

Ratio Decidendi

The court found the facts did not meet the high threshold for abuse of process or a stay; the undercover conduct, while involving deception and inducements, was not so shocking, coercive or unfair as to render the trial unjust, therefore the application for a stay was denied and the proceedings were to continue subject to publication restrictions.

Court Disposition

Application for stay of proceedings for abuse of process denied; proceedings to continue

Orders

  • All evidence taken and submissions made when the jury is not present shall not be published in any newspaper or broadcast until the jury has rendered its verdict
  • A ban on publication of the methods used by the undercover officers in the investigation of this offence