R. v. Giles

R. v. Giles

Inspector Richards is qualified to give expert opinion on the main purposes and activities of the B.C. Charters of the Hells Angels; that opinion evidence is necessary in a judge-alone trial to give context to seized materials and other evidence; and its probative value is not outweighed by prejudice in this judge-alone context, so the Crown's application to admit the expert evidence is granted.

Citation
2008 BCSC 76
Parties
Crown: Regina; Accused: David Francis Giles; Accused: David Roger Revell; Accused: Richard Andrew Rempel
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
30 January 2008
Procedural Posture
Criminal / Judge Alone Pre Trial/ruling on Admissibility of Expert Evidence
Outcome
Crown application granted: Inspector Richards qualified to give expert evidence on the main purposes and activities of the B.C. Charters of the Hells Angels including whether those activities facilitate serious offences that result in material benefit.
Legal Topics
Admissibility of Expert Evidence, Necessity and Relevance, Ultimate Issue Rule, Probative Vs Prejudicial Balancing, Criminal Code S.467.12
Source Language
English
Criminal Law Evidence Expert Evidence Criminal Organization Law Admissibility of Expert Evidence Necessity and Relevance Ultimate Issue Rule Probative Vs Prejudicial Balancing +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 4 Authorities cited 7 Party arguments 2
Sign in to unlock

Parties

Regina

Crown

David Francis Giles

Accused

David Roger Revell

Accused

Richard Andrew Rempel

Accused

Procedural Posture

Criminal / Judge Alone Pre Trial/ruling on Admissibility of Expert Evidence

Legal Issues

  1. 1 Whether Inspector Richards is qualified to opine on the main purposes and activities of the B.C. Charters of the Hells Angels
  2. 2 Whether the expert evidence is necessary to assist the trier of fact
  3. 3 Whether the probative value of the expert evidence is outweighed by its prejudicial effect

Ratio Decidendi

Inspector Richards is qualified to give expert opinion on the main purposes and activities of the B.C. Charters of the Hells Angels; that opinion evidence is necessary in a judge-alone trial to give context to seized materials and other evidence; and its probative value is not outweighed by prejudice in this judge-alone context, so the Crown's application to admit the expert evidence is granted.

Court Disposition

Crown application granted: Inspector Richards qualified to give expert evidence on the main purposes and activities of the B.C. Charters of the Hells Angels including whether those activities facilitate serious offences that result in material benefit.

Orders

  • Inspector Richards is qualified to give expert evidence concerning the nature, characteristics, main purposes and activities of the B.C. Charters of the Hells Angels and whether those activities constitute facilitation of serious offences resulting in material benefit.
  • Ban on publication of these proceedings, including voir dire and trial proceedings, until lifted by the court.