R. v. Prins

R. v. Prins

On a Hart analysis the Crown met its burden: the inculpatory statements and conduct from Project E-Prins (Bump and Scenarios 1-10) have high probative value (including leading police to a buried handgun and corroboration from S.W., surveillance and DNA) which significantly outweighs the moral and reasoning prejudice; the operation did not approximate coercion nor exploit exceptional vulnerabilities and therefore did not constitute an abuse of process, so the Mr. Big evidence is admissible at trial.

Citation
2016 BCSC 2239
Parties
Crown: Regina; Accused: Thomas Bert Prins
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
30 November 2016
Procedural Posture
Criminal / Voir Dire Admissibility Hearing (mr. Big Evidence)
Outcome
Defence application to exclude Mr. Big evidence dismissed; Mr. Big evidence admitted for trial
Legal Topics
Mr. Big Technique, Confession Admissibility, Voir Dire, Probative Vs Prejudicial Effect, Community Shock Test
Source Language
English
Criminal Law Evidence Police Investigations Abuse of Process Mr. Big Technique Confession Admissibility Voir Dire Probative Vs Prejudicial Effect +1 more

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Parties

Regina

Crown

Thomas Bert Prins

Accused

Procedural Posture

Criminal / Voir Dire Admissibility Hearing (mr. Big Evidence)

Legal Issues

  1. 1 Whether statements and conduct from a Mr. Big operation are admissible under Hart
  2. 2 Whether the probative value of the Mr. Big confession outweighs its prejudicial effect
  3. 3 Whether the Mr. Big operation amounted to an abuse of process or coercion

Ratio Decidendi

On a Hart analysis the Crown met its burden: the inculpatory statements and conduct from Project E-Prins (Bump and Scenarios 1-10) have high probative value (including leading police to a buried handgun and corroboration from S.W., surveillance and DNA) which significantly outweighs the moral and reasoning prejudice; the operation did not approximate coercion nor exploit exceptional vulnerabilities and therefore did not constitute an abuse of process, so the Mr. Big evidence is admissible at trial.

Court Disposition

Defence application to exclude Mr. Big evidence dismissed; Mr. Big evidence admitted for trial

Orders

  • The evidence obtained in the Bump and Scenarios 1-10 (Project E-Prins) is admissible at trial
  • Application by Thomas Bert Prins to exclude inculpatory statements obtained during the Mr. Big operation is dismissed