R. v. Darling

R. v. Darling

The application to reconsider the prior ruling was dismissed because the Court was satisfied that the disclosure made to date (revised will-say statements and disclosed emails) met the Crown's obligations and that inspection of Crown counsel's notes was not necessary to protect the accused's right to make full...

Source-derived case information.

Citation
2017 BCSC 2111
Parties
Crown: Regina; Accused: Larry Sinclair Darling
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
11 September 2017
Procedural Posture
Criminal Disclosure Application / Reconsideration of Prior Ruling on Disclosure and Whether to Review Crown Notes During Voir Dire
Outcome
Application to reconsider disclosure ruling dismissed.
Legal Topics
Crown Counsel Notes, Will Say Statements, Work Product Privilege, Disclosure of Emails, Trial Fairness
Source Language
english
Criminal Law Evidence Disclosure Obligations Litigation Privilege Crown Counsel Notes Will Say Statements Work Product Privilege Disclosure of Emails +1 more

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Parties

Regina

Crown

Larry Sinclair Darling

Accused

Procedural Posture

Criminal Disclosure Application / Reconsideration of Prior Ruling on Disclosure and Whether to Review Crown Notes During Voir Dire

Legal Issues

  1. 1 Whether the court should review Crown counsel's notes of the 18 August 2017 interview
  2. 2 Whether recently disclosed emails and draft will-say demonstrate inadequate Crown disclosure
  3. 3 Whether work product or litigation privilege shields counsel's notes of investigatory matters

Ratio Decidendi

The application to reconsider the prior ruling was dismissed because the Court was satisfied that the disclosure made to date (revised will-say statements and disclosed emails) met the Crown's obligations and that inspection of Crown counsel's notes was not necessary to protect the accused's right to make full answer and defence; the ruling is confined to this voir dire and may be revisited if circumstances warrant.

Court Disposition

Application to reconsider disclosure ruling dismissed.

Orders

  • Accused's application to have the Court review Mr. Baines' notes is dismissed.
  • Disclosure by will-says and the disclosed emails is deemed sufficient at this stage.