United States of America v. Trotter

United States of America v. Trotter

The certified ROC, together with Trotter's admissions of identity, provided admissible evidence with sufficient indicia of threshold reliability; Van Camp's direct testimony and corroborating co-conspirator statements and circumstantial evidence established a prima facie case of trafficking and conspiracy such that...

Source-derived case information.

Citation
2013 BCSC 1985
Parties
Requesting State: United States of America; Applicant (on Behalf of Requesting State): Attorney General of Canada; Person Sought: Kemgi Trotter
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
30 October 2013
Procedural Posture
Extradition Under the Extradition Act / Committal Hearing / Ruling on Committal
Outcome
Committal ordered; person remanded in custody to await surrender to the United States
Legal Topics
Committal Test, Double Criminality, Hearsay Admissibility, Co Conspirator Evidence, Limited Weighing of Circumstantial Evidence, Identification
Source Language
english
Extradition Law Criminal Law Controlled Substances Law Evidence Law Committal Test Double Criminality Hearsay Admissibility Co Conspirator Evidence +2 more

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Parties

United States of America

Requesting State

Attorney General of Canada

Applicant (on Behalf of Requesting State)

Kemgi Trotter

Person Sought

Procedural Posture

Extradition Under the Extradition Act / Committal Hearing / Ruling on Committal

Legal Issues

  1. 1 Whether the ROC is admissible as evidence
  2. 2 Whether the admissible evidence meets the committal test for trafficking and conspiracy (double criminality)
  3. 3 Whether co-conspirator hearsay is relevant and usable against the accused

Ratio Decidendi

The certified ROC, together with Trotter's admissions of identity, provided admissible evidence with sufficient indicia of threshold reliability; Van Camp's direct testimony and corroborating co-conspirator statements and circumstantial evidence established a prima facie case of trafficking and conspiracy such that a reasonable, properly instructed jury could convict; accordingly committal was ordered and Trotter remanded to await surrender.

Court Disposition

Committal ordered; person remanded in custody to await surrender to the United States

Orders

  • Committal of Kemgi Trotter for extradition to the United States for conduct corresponding to Canadian offences of trafficking in a controlled substance and conspiracy to traffic in a controlled substance
  • Trotter remanded in custody to await surrender