R. v. Le

R. v. Le

The court found no established breach of s.10(b); in any event the photograph is real evidence used to preserve identity, not temporally connected to any asserted breach, and would not be excluded because exclusion would bring the administration of justice into disrepute; hospital exigency justified delay to counsel implementation.

Citation
2013 BCSC 2558
Parties
Crown: Regina; Accused: Quoc Hung Le
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
4 December 2013
Procedural Posture
Criminal / Voir Dire (application to Exclude Evidence)
Outcome
Application to exclude photograph denied; photograph admitted
Legal Topics
Charter S.10(b) Right to Counsel, Admissibility of Identification Evidence, Photographic Evidence, Exigent Circumstances
Source Language
English
Criminal Law Constitutional Law Evidence Law Charter S.10(b) Right to Counsel Admissibility of Identification Evidence Photographic Evidence Exigent Circumstances

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Parties

Regina

Crown

Quoc Hung Le

Accused

Procedural Posture

Criminal / Voir Dire (application to Exclude Evidence)

Legal Issues

  1. 1 Whether delay in implementation of s.10(b) right to counsel amounted to a Charter breach
  2. 2 Whether a photograph taken of the accused after arrest is admissible or is akin to compelled participation in a line-up
  3. 3 Whether exigent medical circumstances justified any delay in affording access to counsel

Ratio Decidendi

The court found no established breach of s.10(b); in any event the photograph is real evidence used to preserve identity, not temporally connected to any asserted breach, and would not be excluded because exclusion would bring the administration of justice into disrepute; hospital exigency justified delay to counsel implementation.

Court Disposition

Application to exclude photograph denied; photograph admitted

Orders

  • Application to exclude photograph dismissed
  • Photograph filed as Exhibit 6 admitted into evidence