United States of America v. Hackney

United States of America v. Hackney

Fingerprint comparisons, photographic identification and the certified record satisfied the court that the person in custody was the person sought; the injuries documented (fractured pelvis and life‑threatening trauma) constitute maiming and endangered life under s.268 Criminal Code and therefore amount to...

Source-derived case information.

Citation
2005 BCSC 24
Parties
Respondent/requesting State: The Attorney General of Canada on behalf of The United States of America; Applicant/person Sought: Lisa Hackney; also known as Lisa Rowitha Hackney; Elizabeth Rowitha Von Hullessem; Lisa Mills; Lisa Thomas; Elizabeth V. Thomas; Rowitha Von Hullessem; Rowitha Thomas; Rowitha Von Meersheidt; Rowitha Mills; Melanie Mills; Raswitha Elisabeth Mills; Hullessem Von Meersheidt
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
7 January 2005
Procedural Posture
Extradition / Committal Hearing to Await Surrender
Outcome
Committed to custody to await surrender to United States of America authorities under s.29(1) of the Extradition Act
Legal Topics
Identification of Person Sought, Committal for Trial, Aggravated Assault, Admissibility of Evidence, Surrender to Requesting State
Source Language
english
Extradition Criminal Law Evidence Procedure Identification of Person Sought Committal for Trial Aggravated Assault Admissibility of Evidence +1 more

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Parties

The Attorney General of Canada on behalf of The United States of America

Respondent/requesting State

Lisa Hackney; also known as Lisa Rowitha Hackney; Elizabeth Rowitha Von Hullessem; Lisa Mills; Lisa Thomas; Elizabeth V. Thomas; Rowitha Von Hullessem; Rowitha Thomas; Rowitha Von Meersheidt; Rowitha Mills; Melanie Mills; Raswitha Elisabeth Mills; Hullessem Von Meersheidt

Applicant/person Sought

Procedural Posture

Extradition / Committal Hearing to Await Surrender

Legal Issues

  1. 1 Whether the record identifies the person sought for extradition
  2. 2 Whether evidence in the record establishes conduct amounting to aggravated assault for committal purposes
  3. 3 Whether Canada may surrender the respondent using evidence that would not be admissible at a Canadian jury trial

Ratio Decidendi

Fingerprint comparisons, photographic identification and the certified record satisfied the court that the person in custody was the person sought; the injuries documented (fractured pelvis and life‑threatening trauma) constitute maiming and endangered life under s.268 Criminal Code and therefore amount to aggravated assault; evidence in the certified record admissible under the Extradition Act is sufficient in quality to justify committal under Canadian sufficiency standards (and in light of s.540 amendments) so the respondent is committed to custody to await surrender.

Court Disposition

Committed to custody to await surrender to United States of America authorities under s.29(1) of the Extradition Act

Orders

  • Commit Ms. Hackney into custody to await her surrender to United States of America authorities (s.29(1) Extradition Act)