R. v. Grant

R. v. Grant

The application was dismissed because the accused failed to satisfy the Rowbotham test on a balance of probabilities: the evidentiary record lacked required financial documentation and accounting (no 2002 tax return, no accounting for house sale proceeds, no substantiation of current earnings or job prospects, no...

Source-derived case information.

Citation
2003 BCSC 1217
Parties
Crown/respondent: Her Majesty the Queen; Accused/applicant: Jay Sophus Grant
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
25 June 2003
Procedural Posture
Criminal (conspiracy and Fraud Under Excise and Customs Act) / Pre Trial Application for Declaration of Indigent Status (rowbotham Application)
Outcome
Application dismissed
Legal Topics
Indigent Status, Rowbotham Relief, Means Testing/financial Disclosure, Legal Aid Eligibility, Seifert Precedent
Source Language
english
Criminal Law Legal Aid/funding Bankruptcy Law Constitutional Law Indigent Status Rowbotham Relief Means Testing/financial Disclosure Legal Aid Eligibility +1 more

Source-derived case record

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 3 Party arguments 2 Amounts and remedies 7
Sign in to unlock

Parties

Her Majesty the Queen

Crown/respondent

Jay Sophus Grant

Accused/applicant

Procedural Posture

Criminal (conspiracy and Fraud Under Excise and Customs Act) / Pre Trial Application for Declaration of Indigent Status (rowbotham Application)

Legal Issues

  1. 1 Whether the accused is indigent under the Rowbotham test and entitled to state-funded counsel
  2. 2 Whether the accused discharged the burden of proof on a balance of probabilities regarding lack of financial means
  3. 3 Whether the seriousness or complexity of the charges necessitates state funding despite available resources or co-accused representation

Ratio Decidendi

The application was dismissed because the accused failed to satisfy the Rowbotham test on a balance of probabilities: the evidentiary record lacked required financial documentation and accounting (no 2002 tax return, no accounting for house sale proceeds, no substantiation of current earnings or job prospects, no evidence of attempts to borrow or seek additional employment, and unexplained prior payments to counsel), so indigence was not established despite the seriousness of the charges.

Court Disposition

Application dismissed

Orders

  • Application for declaration of indigent status dismissed