R. v. Christhurajah

R. v. Christhurajah

Given the witness identification, the lease containing the work permit number and testimony that the work permit and passport were used to obtain the lease, the circumstantial evidence establishes the accused possessed and acted on the work permit so it was adopted and is admissible for the truth of its contents;...

Source-derived case information.

Citation
2017 BCSC 992
Parties
Crown: Regina; Accused: Kunarobinson Christhurajah
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
11 April 2017
Procedural Posture
Criminal / Application Under S.653.1 to Revisit Admissibility Ruling After Mistrial
Outcome
Crown's s.653.1 application granted; Thai work permit admissible for the truth of its contents
Legal Topics
Admissibility of Documents, Documents in Possession Rule, Adoption as Admission, S.653.1 Criminal Code, Mistrial and Relitigation, Circumstantial Evidence, Judicial Discretion
Source Language
english
Criminal Law Evidence Hearsay Procedural Law Admissibility of Documents Documents in Possession Rule Adoption as Admission S.653.1 Criminal Code +3 more

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Parties

Regina

Crown

Kunarobinson Christhurajah

Accused

Procedural Posture

Criminal / Application Under S.653.1 to Revisit Admissibility Ruling After Mistrial

Legal Issues

  1. 1 Whether the Thai work permit is admissible for the truth of its contents
  2. 2 Whether the documents‑in‑possession rule and adoption exception to hearsay apply
  3. 3 Whether s.653.1 permits revisiting the prior trial judge's admissibility ruling in the interests of justice

Ratio Decidendi

Given the witness identification, the lease containing the work permit number and testimony that the work permit and passport were used to obtain the lease, the circumstantial evidence establishes the accused possessed and acted on the work permit so it was adopted and is admissible for the truth of its contents; further, s.653.1 permits revisiting the prior hurried ruling in the interests of justice.

Court Disposition

Crown's s.653.1 application granted; Thai work permit admissible for the truth of its contents

Orders

  • Crown's application under s.653.1 granted to revisit prior admissibility ruling
  • Thai work permit admitted at trial for the truth of its contents