HMTQ v. Michaels and Toth

HMTQ v. Michaels and Toth

There was no lack of disclosure and the substance of Ms. Manalastas' evidence was long known to the accused; given exemplary disclosure, the accused's intimate knowledge of the witness, and sufficient time to prepare, the defence did not establish a realistic loss of opportunity to make full answer and defence; therefore the Crown may call the witness and severance is denied.

Citation
2000 BCSC 1785
Parties
Crown: Her Majesty the Queen; Accused: Warren Michaels; Accused: Imre Toth
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
11 December 2000
Procedural Posture
Criminal Trial / Application During Trial Regarding Late Notice of Crown Witness and Motion to Sever
Outcome
Crown permitted to call the evidence of witness Manalastas; application to sever Mr. Michaels' trial denied.
Legal Topics
Disclosure, Severance, Right to Full Answer and Defence, Late Notice of Witness, Impeachment of Witnesses
Source Language
English
Criminal Law Evidence Procedural Law Disclosure Severance Right to Full Answer and Defence Late Notice of Witness Impeachment of Witnesses

Case Brief

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Parties

Her Majesty the Queen

Crown

Warren Michaels

Accused

Imre Toth

Accused

Procedural Posture

Criminal Trial / Application During Trial Regarding Late Notice of Crown Witness and Motion to Sever

Legal Issues

  1. 1 Whether late notice of the Crown's intention to call witness Manalastas denied the accused a realistic opportunity to make full answer and defence
  2. 2 Whether the Crown's conduct constituted a lack of disclosure warranting severance or adjournment
  3. 3 Whether the case against Mr. Michaels should be severed from co-accused to allow adequate preparation

Ratio Decidendi

There was no lack of disclosure and the substance of Ms. Manalastas' evidence was long known to the accused; given exemplary disclosure, the accused's intimate knowledge of the witness, and sufficient time to prepare, the defence did not establish a realistic loss of opportunity to make full answer and defence; therefore the Crown may call the witness and severance is denied.

Court Disposition

Crown permitted to call the evidence of witness Manalastas; application to sever Mr. Michaels' trial denied.

Orders

  • Allow Crown to call evidence of Manalastas
  • Deny severance of Warren Michaels' trial