R. v. Moir

R. v. Moir

Limited admission: Dr. Reimer is qualified to give opinion on cognitive functioning based on the Wechsler test results; that limited cognitive testing evidence (Appendix D and specified paragraphs) is relevant and necessary to assist the voir dire on the reliability of Mr. Big statements and vulnerabilities, and the...

Source-derived case information.

Citation
2016 BCSC 386
Parties
Crown: Regina; Accused: Dustin Blue Robert Moir
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
3 March 2016
Procedural Posture
Criminal First Degree Murder / Voir Dire on Admissibility of Mr. Big Evidence and Expert Evidence (pre Trial)
Outcome
Partial admission of expert evidence: limited admission of cognitive testing results; remainder of report and opinions excluded
Legal Topics
Mr. Big Technique, Admissibility of Expert Evidence, Confession Reliability, Abuse of Process, Neuropsychological Testing
Source Language
english
Criminal Law Evidence Forensic Psychology Procedure Mr. Big Technique Admissibility of Expert Evidence Confession Reliability Abuse of Process +1 more

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Summary, issues, holding and outcome

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Parties

Regina

Crown

Dustin Blue Robert Moir

Accused

Procedural Posture

Criminal First Degree Murder / Voir Dire on Admissibility of Mr. Big Evidence and Expert Evidence (pre Trial)

Legal Issues

  1. 1 Whether Dr. Reimer's cognitive testing evidence is admissible
  2. 2 Whether expert evidence is necessary to assist the trier of fact on reliability of Mr. Big confession
  3. 3 Whether the expert is qualified to give the proposed opinion

Ratio Decidendi

Limited admission: Dr. Reimer is qualified to give opinion on cognitive functioning based on the Wechsler test results; that limited cognitive testing evidence (Appendix D and specified paragraphs) is relevant and necessary to assist the voir dire on the reliability of Mr. Big statements and vulnerabilities, and the Crown's criticisms go to weight not threshold admissibility; other portions of the report and opinion are excluded.

Court Disposition

Partial admission of expert evidence: limited admission of cognitive testing results; remainder of report and opinions excluded

Orders

  • Admit Appendix D (Wechsler assessment results), paragraphs 6-8 on page 4, Appendix F (curriculum vitae), and page 1 to end of 'Informed Consent' paragraph on page 2 of Dr. Reimer's report
  • Exclude remainder of Dr. Reimer's report and any oral evidence going beyond the admitted material