R. v. Belcourt and McGrath

The proposed demonstrative aid was excluded because the existing evidence (oral testimony, photographs, exhibit flow chart) made the aid unnecessary and its professional presentation posed a real risk that jurors would accord it undue weight or rely on it as a shortcut.

Citation: 2012 BCSC 2128
Parties: Crown: Regina; Accused: Andrew Jonathon Belcourt; Accused: Samuel McGrath
Court: Supreme Court of British Columbia
Jurisdiction: Canada
Judgment Date: 10 October 2012
Procedural Posture: Criminal / Trial Voir Dire on Admissibility of Demonstrative Aids
Outcome: Proposed demonstrative jury aid excluded and not to be put to the jury
Legal Topics: Demonstrative Aids, Admissibility of Evidence, Exhibit Handling, Jury Influence
Source Language: English

Criminal Law Evidence Jury Procedure Demonstrative Aids Admissibility of Evidence Exhibit Handling Jury Influence

Case Brief

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Parties

Regina

Crown

Andrew Jonathon Belcourt

Accused

Samuel McGrath

Accused

Procedural Posture

Criminal / Trial Voir Dire on Admissibility of Demonstrative Aids

Legal Issues

1 Whether the proposed demonstrative jury aid is admissible
2 Whether the aid is necessary given existing evidence (oral testimony, photographs, exhibit flow chart)
3 Whether the professional presentation of the aid poses a risk of undue influence or gives it undue weight

Ratio Decidendi

Court Disposition

Proposed demonstrative jury aid excluded and not to be put to the jury

Orders

Proposed demonstrative jury aid excluded
Jury to be provided with oral evidence, sequential colour photographs, and the exhibit flow chart only