R. v. Alkhalil

R. v. Alkhalil

Det/Sgt Browne subjectively believed and honestly held that he had reasonable grounds to arrest Wiwchar based on cumulative investigative material and intelligence; a reasonable officer with similar training would have formed the same view given the totality of the circumstances, therefore the arrest was lawful and...

Source-derived case information.

Citation
2020 BCSC 1602
Parties
Crown: Regina; Accused: Rabih Alkhalil (aka Robby Alkhalil); Accused / Applicant: Dean Michael Wiwchar; Accused: Larry Ronald Amero
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
28 October 2020
Procedural Posture
Criminal (homicide) — Voir Dire on Arrest and Exclusion of Evidence / Pre Trial Ruling on Application Nos. 17 and 67 (admissibility/constitutionality of Arrest and Incidental Seizure)
Outcome
Application dismissed; arrest found lawful and seizure incidental to arrest lawful
Legal Topics
Arrest Without Warrant, Reasonable Grounds for Arrest, Search and Seizure Incidental to Arrest, Exclusion of Evidence, Public Safety Exigency
Source Language
english
Criminal Law Evidence Police Powers/procedure Arrest Without Warrant Reasonable Grounds for Arrest Search and Seizure Incidental to Arrest Exclusion of Evidence Public Safety Exigency

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Parties

Regina

Crown

Rabih Alkhalil (aka Robby Alkhalil)

Accused

Dean Michael Wiwchar

Accused / Applicant

Larry Ronald Amero

Accused

Procedural Posture

Criminal (homicide) — Voir Dire on Arrest and Exclusion of Evidence / Pre Trial Ruling on Application Nos. 17 and 67 (admissibility/constitutionality of Arrest and Incidental Seizure)

Legal Issues

  1. 1 Whether Det/Sgt Browne had subjective reasonable grounds to arrest Dean Wiwchar on June 21, 2012 for the murder of John Raposo
  2. 2 Whether the seizure of items incidental to that arrest was lawful (contingent on lawfulness of arrest)
  3. 3 Whether officer's decision was objectively reasonable given totality of circumstances

Ratio Decidendi

Det/Sgt Browne subjectively believed and honestly held that he had reasonable grounds to arrest Wiwchar based on cumulative investigative material and intelligence; a reasonable officer with similar training would have formed the same view given the totality of the circumstances, therefore the arrest was lawful and the seizure incidental to that arrest was lawful.

Court Disposition

Application dismissed; arrest found lawful and seizure incidental to arrest lawful

Orders

  • Application Nos. 17 and 67 dismissed
  • Police had reasonable grounds for the arrest of Dean Wiwchar on June 21, 2012; evidence seized incidental to that arrest not excluded