R. v. Robinson

R. v. Robinson

Applying Corbett, the court held that mechanical cross-examination on all prior convictions would risk an unfair trial; the defence must show prejudice and the court may exercise discretion to edit the record to preserve fairness, and therefore only specified convictions were admitted for credibility and all others excluded.

Citation
2014 BCSC 2617
Parties
Crown: Regina; Accused: Jason Garret Robinson; Accused: Zephyr Stephen McColm
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
20 October 2014
Procedural Posture
Criminal / Oral Ruling on Corbett Application (pre Trial)
Outcome
Application granted in part; the court edited the accused's criminal record and limited cross-examination to specified convictions while excluding all other convictions.
Legal Topics
Prior Convictions, Cross Examination, Admissibility, Right to a Fair Trial, Editing of Criminal Record
Source Language
English
Criminal Law Evidence Prior Convictions Cross Examination Admissibility Right to a Fair Trial Editing of Criminal Record

Case Brief

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Parties

Regina

Crown

Jason Garret Robinson

Accused

Zephyr Stephen McColm

Accused

Procedural Posture

Criminal / Oral Ruling on Corbett Application (pre Trial)

Legal Issues

  1. 1 Whether prior convictions may be used for propensity versus credibility
  2. 2 Whether mechanical cross-examination on all prior convictions would undermine the accused's right to a fair trial
  3. 3 Application of Corbett factors including remoteness and similarity of offences

Ratio Decidendi

Applying Corbett, the court held that mechanical cross-examination on all prior convictions would risk an unfair trial; the defence must show prejudice and the court may exercise discretion to edit the record to preserve fairness, and therefore only specified convictions were admitted for credibility and all others excluded.

Court Disposition

Application granted in part; the court edited the accused's criminal record and limited cross-examination to specified convictions while excluding all other convictions.

Orders

  • Only the following prior convictions may be used in cross-examination for credibility: Jan 20, 1993 (three frauds and attempted fraud) - 30 days; Apr 27, 1993 (possession of stolen property) - PSP 6 months; Oct 6, 1994 (theft under) - 30 days; Jun 29, 1999 (possession of stolen property, two counts) - 2 months and...
  • All other convictions on Mr. Robinson's record are excluded from cross-examination.