R. v. Welsh

R. v. Welsh

The court upheld the Provincial Court judge's finding that the Crown's conduct amounted to a marked and unacceptable departure because of the Crown's ongoing disclosure duty, the basic and routine nature of police notes, repeated and specific defence requests, the importance of the witness whose notes were withheld, and the inadequacy of the Crown's explanation; accordingly the costs award of $9,421.06 indemnifying actual legal costs was reasonable and the appeal was dismissed.

Citation
2024 BCSC 1472
Parties
Appellant Crown: Rex; Respondent Accused: Amy Louise Welsh
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
23 July 2024
Procedural Posture
Summary Conviction Appeal (criminal) / Appeal From Provincial Court Judgment on Charter Remedy and Costs; Oral Reasons and Final Judgment
Outcome
Appeal dismissed; Provincial Court orders awarding costs against the Crown (Ruling No.1 and Ruling No.2) upheld; each party to bear their own costs of this appeal
Legal Topics
Charter S.7, Section 24(1) Remedies, Disclosure Obligations, Costs Against the Crown, Quantum of Costs, Stay of Proceedings, Summary Conviction Appeal
Source Language
English
Criminal Law Constitutional Law (charter) Evidence and Disclosure Charter S.7 Section 24(1) Remedies Disclosure Obligations Costs Against the Crown Quantum of Costs +2 more

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Parties

Rex

Appellant Crown

Amy Louise Welsh

Respondent Accused

Procedural Posture

Summary Conviction Appeal (criminal) / Appeal From Provincial Court Judgment on Charter Remedy and Costs; Oral Reasons and Final Judgment

Legal Issues

  1. 1 Whether costs may be awarded against the Crown as a remedy for late disclosure and a Charter breach
  2. 2 Whether the Provincial Court judge correctly applied the legal test for awarding costs against the Crown (marked and unacceptable departure)
  3. 3 Whether the Provincial Court judge applied correct principles in quantifying the quantum of costs

Ratio Decidendi

The court upheld the Provincial Court judge's finding that the Crown's conduct amounted to a marked and unacceptable departure because of the Crown's ongoing disclosure duty, the basic and routine nature of police notes, repeated and specific defence requests, the importance of the witness whose notes were withheld, and the inadequacy of the Crown's explanation; accordingly the costs award of $9,421.06 indemnifying actual legal costs was reasonable and the appeal was dismissed.

Court Disposition

Appeal dismissed; Provincial Court orders awarding costs against the Crown (Ruling No.1 and Ruling No.2) upheld; each party to bear their own costs of this appeal

Orders

  • Appeal dismissed
  • Ruling No.1 (order for costs against the Crown) upheld