R. v. Jahanrakhshan

R. v. Jahanrakhshan

The Crown's application to admit the foreign affidavit under s.657.1 was denied because the Crown provided the affidavit to the defence unreasonably late (over four months after receipt), causing inferred prejudice to the accused and depriving him of a fair opportunity to investigate and prepare; the statutory notice requirement and fairness justified exclusion despite absence of malice.

Citation
2011 BCSC 1527
Parties
Crown: Regina; Accused: Kamyar Jahanrakhshan
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
10 March 2011
Procedural Posture
Criminal / Trial Admissibility Application (section 657.1)
Outcome
Crown's application to admit affidavit under s.657.1 denied
Legal Topics
Admissibility of Affidavit Under S.657.1 Criminal Code, Notice to Produce Evidence, Foreign Affidavit Authentication (canada Evidence Act), Prejudice From Late Disclosure, Credit Card Fraud Evidence
Source Language
English
Criminal Law Evidence Procedural Law Admissibility of Affidavit Under S.657.1 Criminal Code Notice to Produce Evidence Foreign Affidavit Authentication (canada Evidence Act) Prejudice From Late Disclosure Credit Card Fraud Evidence

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Parties

Regina

Crown

Kamyar Jahanrakhshan

Accused

Procedural Posture

Criminal / Trial Admissibility Application (section 657.1)

Legal Issues

  1. 1 Whether s.657.1(3) reasonable notice requirement was complied with
  2. 2 Whether court should exercise discretion to admit affidavit despite late notice
  3. 3 Whether late disclosure prejudiced the accused's ability to prepare

Ratio Decidendi

The Crown's application to admit the foreign affidavit under s.657.1 was denied because the Crown provided the affidavit to the defence unreasonably late (over four months after receipt), causing inferred prejudice to the accused and depriving him of a fair opportunity to investigate and prepare; the statutory notice requirement and fairness justified exclusion despite absence of malice.

Court Disposition

Crown's application to admit affidavit under s.657.1 denied

Orders

  • Crown's application to introduce the Credit Andorra affidavit under s.657.1 is denied
  • Affidavit is excluded from evidence pursuant to s.657.1(3) due to unreasonable notice and prejudice