R. v. Pritchard

R. v. Pritchard

Given the accused's conviction for first degree murder, the serious nature of the offence, his lengthy criminal record, the minimal and ordinary intrusion on privacy, and the statutory framework (including s. 487.056(1)), the court held that it was in the best interests of the administration of justice to order DNA...

Source-derived case information.

Citation
2003 BCSC 644
Parties
Crown: Regina; Accused: David Mostyn Pritchard
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
25 April 2003
Procedural Posture
Criminal / Application Under S. 487.052 After Conviction; Appeal Pending
Outcome
Order for DNA sample granted; no stay of execution pending appeal.
Legal Topics
DNA Sampling, Statutory Interpretation, Stay of Execution, Privacy and Security of the Person, Administration of Justice
Source Language
english
Criminal Law Evidence Forensic DNA Law Procedural Law DNA Sampling Statutory Interpretation Stay of Execution Privacy and Security of the Person +1 more

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Parties

Regina

Crown

David Mostyn Pritchard

Accused

Procedural Posture

Criminal / Application Under S. 487.052 After Conviction; Appeal Pending

Legal Issues

  1. 1 Whether a court should order a DNA sample under s. 487.052 following conviction for a designated offence
  2. 2 Whether execution of a DNA-sampling order should be stayed pending the accused's appeal

Ratio Decidendi

Given the accused's conviction for first degree murder, the serious nature of the offence, his lengthy criminal record, the minimal and ordinary intrusion on privacy, and the statutory framework (including s. 487.056(1)), the court held that it was in the best interests of the administration of justice to order DNA sampling and that the execution of the order should not be stayed pending appeal.

Court Disposition

Order for DNA sample granted; no stay of execution pending appeal.

Orders

  • Accused shall provide a DNA sample in accordance with ss. 487.052 and 487.056(1); sample to be taken as soon as is feasible notwithstanding the pending appeal.