R. v. Hernandez

R. v. Hernandez

The application for further disclosure was dismissed because the impugned materials are both privileged and irrelevant to the accused and the alleged connections; privilege arising from circumstances unrelated to the accused prevails over disclosure, and the contested Crown record is ordered sealed.

Citation
2008 BCSC 1468
Parties
Crown: Regina; Accused: Jose Hernandez; Accused: Anh The Nguyen; Accused: Joshua Ponicappo; Accused: Sam Tuan Vu; Accused: Van Van Vu
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
18 March 2008
Procedural Posture
Criminal / Oral Ruling on Disclosure Application (pre Trial)
Outcome
Disclosure application dismissed; materials sealed.
Legal Topics
Disclosure Application, Crown Privilege, Relevance, Sealing of Documents, Section 486.5 Criminal Code Publication Ban, Inherent Jurisdiction
Source Language
English
Criminal Law Evidence Procedural Law Publication Bans Judicial Process Disclosure Application Crown Privilege Relevance +3 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 4 Authorities cited 1 Party arguments 2
Sign in to unlock

Parties

Regina

Crown

Jose Hernandez

Accused

Anh The Nguyen

Accused

Joshua Ponicappo

Accused

Sam Tuan Vu

Accused

Van Van Vu

Accused

Procedural Posture

Criminal / Oral Ruling on Disclosure Application (pre Trial)

Legal Issues

  1. 1 Whether Crown must disclose identity and records relating to disputed telephone number
  2. 2 Whether Crown privilege permits withholding material from defence
  3. 3 Whether the disputed material is relevant to accused or to alleged victims (McMynn family)

Ratio Decidendi

The application for further disclosure was dismissed because the impugned materials are both privileged and irrelevant to the accused and the alleged connections; privilege arising from circumstances unrelated to the accused prevails over disclosure, and the contested Crown record is ordered sealed.

Court Disposition

Disclosure application dismissed; materials sealed.

Orders

  • Application dismissed
  • Crown's book of documents (including materials not provided to defence) to be placed in a sealed envelope and remain sealed unless ordered opened by this or a superior judge