R. v. Sipes

R. v. Sipes

The application for a mistrial was dismissed because the trial judge found none of the Crown's closing remarks, individually or cumulatively, caused irremediable prejudice or a 'fatal wounding' of the trial process; the remarks were either accurate, permissible commentary on credibility or highlighting unchallenged...

Source-derived case information.

Citation
2012 BCSC 1305
Parties
Crown: Regina; Accused: Dale Gordon Sipes; Accused: Leslie Podolski; Accused: Sheldon Richard O'Donnell; Accused: Peter Manolakos; Accused: Douglas Corey Brownell
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
4 September 2012
Procedural Posture
Criminal / Application for Mistrial After Crown's Closing Submissions
Outcome
Application for declaration of mistrial dismissed
Legal Topics
Mistrial, Closing Submissions, Similar Fact Evidence, Adverse Inference, Witness Credibility, Admissibility of Evidence, Publication Ban
Source Language
english
Criminal Law Evidence Procedure Mistrial Closing Submissions Similar Fact Evidence Adverse Inference Witness Credibility +2 more

Source-derived case record

Summary, issues, holding and outcome

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Parties

Regina

Crown

Dale Gordon Sipes

Accused

Leslie Podolski

Accused

Sheldon Richard O'Donnell

Accused

Peter Manolakos

Accused

Douglas Corey Brownell

Accused

Procedural Posture

Criminal / Application for Mistrial After Crown's Closing Submissions

Legal Issues

  1. 1 Whether Crown's closing submissions caused prejudice requiring a mistrial
  2. 2 Whether Crown improperly denigrated a witness by calling him 'stupid'
  3. 3 Whether Crown created a misimpression by omitting an alleged statement to a third party (Tim Williams)

Ratio Decidendi

The application for a mistrial was dismissed because the trial judge found none of the Crown's closing remarks, individually or cumulatively, caused irremediable prejudice or a 'fatal wounding' of the trial process; the remarks were either accurate, permissible commentary on credibility or highlighting unchallenged evidence, and did not improperly invite the jury to use other-murder evidence against the accused or to draw an adverse inference.

Court Disposition

Application for declaration of mistrial dismissed

Orders

  • Application for mistrial dismissed