R. v. West

R. v. West

The evidence of the undercover interactions, including the accused's remarks about supplying his girlfriend, was admissible because it was relevant to the narrative and to assessing the credibility of the accused's statements to the crime boss; the risk of prohibited propensity use is mitigated in a non-jury context and precedents (Bonisteel, Sims, Redd) support admission for credibility/context.

Citation
2012 BCSC 2170
Parties
Crown: Regina; Accused: Jesse Blue West
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
28 September 2012
Procedural Posture
Criminal / Ban on Disclosure Application Under Ss. 486.4(2), 486.5(7) Criminal Code Pre Trial Admissibility Ruling
Outcome
Evidence admitted
Legal Topics
Mr. Big Technique, Admissibility of Evidence, Bad Character/propensity, Credibility, Ban on Disclosure Ss.486.4(2), 486.5(7)
Source Language
English
Criminal Law Evidence Law Mr. Big Technique Admissibility of Evidence Bad Character/propensity Credibility Ban on Disclosure Ss.486.4(2),486.5(7)

Case Brief

Summary, issues, holding and outcome

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Parties

Regina

Crown

Jesse Blue West

Accused

Procedural Posture

Criminal / Ban on Disclosure Application Under Ss. 486.4(2), 486.5(7) Criminal Code Pre Trial Admissibility Ruling

Legal Issues

  1. 1 Whether evidence of conduct and statements during an undercover Mr. Big scenario is admissible
  2. 2 Whether statements volunteering the accused's girlfriend for pornographic films are admissible despite propensity/bad character prejudice
  3. 3 Whether the probative value of the undercover interactions outweighs prejudice and improper use of propensity evidence

Ratio Decidendi

The evidence of the undercover interactions, including the accused's remarks about supplying his girlfriend, was admissible because it was relevant to the narrative and to assessing the credibility of the accused's statements to the crime boss; the risk of prohibited propensity use is mitigated in a non-jury context and precedents (Bonisteel, Sims, Redd) support admission for credibility/context.

Court Disposition

Evidence admitted

Orders

  • Admit evidence of the undercover Mr. Big scenario and statements made during those interactions, including statements suggesting provision of the accused's girlfriend for filmed material.