R. v. Singh

R. v. Singh

The court accepted officer evidence that s.10 rights were given, found searches incidental to lawful arrest lawful, and held surveillance, security camera footage, possession of screwdrivers, and the fingerprint on the stolen cider can established beyond a reasonable doubt that the accused entered several secured...

Source-derived case information.

Citation
2012 BCSC 338
Parties
Crown: Regina; Accused: Terry David Singh
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
7 February 2012
Procedural Posture
Criminal Trial / Trial Judgment (oral Reasons for Judgment)
Outcome
Convicted on Counts 1, 5, 7, 8, 9 and 10; Not guilty on Counts 3, 4 and 6; Count 2 stayed.
Legal Topics
Break and Enter, Possession of Instruments for Breaking and Entering, Charter S.10 (rights on Arrest/detention), Search Incidental to Arrest, Attempt, Circumstantial Evidence, Intoxication Defence
Source Language
english
Criminal Law Criminal Procedure Evidence Break and Enter Possession of Instruments for Breaking and Entering Charter S.10 (rights on Arrest/detention) Search Incidental to Arrest Attempt +2 more

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Parties

Regina

Crown

Terry David Singh

Accused

Procedural Posture

Criminal Trial / Trial Judgment (oral Reasons for Judgment)

Legal Issues

  1. 1 Whether the accused was informed of reasons for arrest and advised of right to counsel under s.10 Charter
  2. 2 Whether searches and seizure incidental to arrest were lawful
  3. 3 Whether the presumption in s.348(2) that breaking and entering is with intent to commit an indictable offence is rebutted

Ratio Decidendi

The court accepted officer evidence that s.10 rights were given, found searches incidental to lawful arrest lawful, and held surveillance, security camera footage, possession of screwdrivers, and the fingerprint on the stolen cider can established beyond a reasonable doubt that the accused entered several secured residential buildings with intent to commit indictable offences; where evidence showed only mere door-pulling or unclear entry the accused was acquitted on attempt counts; circumstantial evidence established guilt for the May 12 break and enter at 1510 West 1st.

Court Disposition

Convicted on Counts 1, 5, 7, 8, 9 and 10; Not guilty on Counts 3, 4 and 6; Count 2 stayed.

Orders

  • Count 1: Guilty (break and enter with intent at 1510 West 1st)
  • Count 2: Stayed by Crown