R. v. Kim

R. v. Kim

On the totality of circumstances the arrest was supported by reasonable and probable grounds and thus lawful; the searches were incidental and reasonable; the accused was promptly informed of reasons and a reasonable delay to secure a Korean interpreter and privacy for counsel was justified, therefore there were no...

Source-derived case information.

Citation
2016 BCSC 2192
Parties
Crown: Regina; Accused: Jeong Hun Kim
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
23 November 2016
Procedural Posture
Criminal; Charter Voir Dire Re Search, Seizure and Detention / Reasons for Judgment on Voir Dire (trial)
Outcome
Application for a declaration of Charter breach dismissed; accused's Charter rights under ss.8, 9, 10(a) and 10(b) found not violated; evidence obtained incidental to arrest upheld.
Legal Topics
Charter S.8 Search and Seizure, Charter S.9 Arbitrary Detention/arrest, Charter S.10(a) Right to Be Informed, Charter S.10(b) Right to Counsel, Incidental Search, Reasonable and Probable Grounds for Arrest, Vehicle Stop, Dial a Dope Trafficking
Source Language
english
Criminal Law Constitutional Law Administrative Law Evidence Law Road Traffic Law Controlled Substances Law Charter S.8 Search and Seizure Charter S.9 Arbitrary Detention/arrest +6 more

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Parties

Regina

Crown

Jeong Hun Kim

Accused

Procedural Posture

Criminal; Charter Voir Dire Re Search, Seizure and Detention / Reasons for Judgment on Voir Dire (trial)

Legal Issues

  1. 1 Whether the vehicle stop and arrest violated s.9 of the Charter (arbitrary detention)
  2. 2 Whether the searches of the person and vehicle violated s.8 of the Charter
  3. 3 Whether the accused was promptly informed of the reasons for arrest contrary to s.10(a)

Ratio Decidendi

On the totality of circumstances the arrest was supported by reasonable and probable grounds and thus lawful; the searches were incidental and reasonable; the accused was promptly informed of reasons and a reasonable delay to secure a Korean interpreter and privacy for counsel was justified, therefore there were no breaches of ss.8, 9, 10(a) or 10(b).

Court Disposition

Application for a declaration of Charter breach dismissed; accused's Charter rights under ss.8, 9, 10(a) and 10(b) found not violated; evidence obtained incidental to arrest upheld.

Orders

  • Charter application dismissed
  • No declaration of breach granted