R. v. M.(T.C.)

R. v. M.(T.C.)

Although the accused made detailed inculpatory statements during an undercover Mr. Big operation, the Crown did not prove beyond a reasonable doubt that he was the shooter because the statements lacked unique hold-back details, key aspects contradicted independent evidence (notably the wound location and date),...

Source-derived case information.

Citation
2007 BCSC 1778
Parties
Crown: Regina; Accused: T.C.M.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
23 November 2007
Procedural Posture
Criminal Second Degree Murder (youth) / Trial Reasons for Judgment (acquittal)
Outcome
Not guilty (acquittal)
Legal Topics
Mr. Big Technique, Confession Reliability, Identification Evidence, Standard of Proof, Circumstantial Evidence
Source Language
english
Criminal Law Youth Justice Evidence Law Police Undercover Operations Mr. Big Technique Confession Reliability Identification Evidence Standard of Proof +1 more

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Parties

Regina

Crown

T.C.M.

Accused

Procedural Posture

Criminal Second Degree Murder (youth) / Trial Reasons for Judgment (acquittal)

Legal Issues

  1. 1 Whether the Crown proved beyond a reasonable doubt that T.C.M. was the shooter
  2. 2 Whether statements made to undercover officers (Mr. Big operation) are reliable and admissible as proving identity
  3. 3 Whether independent or objective evidence corroborates the undercover admissions

Ratio Decidendi

Although the accused made detailed inculpatory statements during an undercover Mr. Big operation, the Crown did not prove beyond a reasonable doubt that he was the shooter because the statements lacked unique hold-back details, key aspects contradicted independent evidence (notably the wound location and date), eyewitness accounts and identifications were inconsistent, and the accused's trial testimony and the circumstances of the undercover operation undermined reliability, producing reasonable doubt.

Court Disposition

Not guilty (acquittal)

Orders

  • Accused found not guilty of second degree murder
  • Publication ban pursuant to s.110(1) of the Youth Criminal Justice Act and s.486.5(1) of the Criminal Code protecting identity of the accused, three non‑police witnesses and undercover police officers