R. v. Dusanjh

R. v. Dusanjh

The Crown was permitted an adjournment to call rebuttal evidence because the contested industry practice evidence related to an essential element (the accused's knowledge and control) and could not reasonably have been anticipated prior to the defence, subject to proper qualification of the expert and limits to...

Source-derived case information.

Citation
2009 BCSC 1902
Parties
Crown: Regina; Accused: Jaininder Singh Dusanjh
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
10 June 2009
Procedural Posture
Criminal Importation and Possession for the Purpose of Trafficking / Trial Evidentiary Ruling on Admissibility of Rebuttal Evidence
Outcome
Adjournment granted to permit Crown to call rebuttal evidence, subject to qualification and relevance limits
Legal Topics
Rebuttal Evidence, Admissibility, Knowledge/intent, Credibility, Splitting the Crown's Case
Source Language
english
Criminal Law Evidence Procedure Expert Evidence Inherent Jurisdiction Rebuttal Evidence Admissibility Knowledge/intent +2 more

Source-derived case record

Summary, issues, holding and outcome

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Parties

Regina

Crown

Jaininder Singh Dusanjh

Accused

Procedural Posture

Criminal Importation and Possession for the Purpose of Trafficking / Trial Evidentiary Ruling on Admissibility of Rebuttal Evidence

Legal Issues

  1. 1 Whether the Crown may call rebuttal evidence concerning standard practices in the international trucking industry
  2. 2 Whether such rebuttal evidence addresses an essential issue (knowledge/control) or is limited to collateral credibility
  3. 3 Whether the Crown's failure to lead the evidence in its case in chief improperly splits its case

Ratio Decidendi

The Crown was permitted an adjournment to call rebuttal evidence because the contested industry practice evidence related to an essential element (the accused's knowledge and control) and could not reasonably have been anticipated prior to the defence, subject to proper qualification of the expert and limits to permissible rebuttal evidence.

Court Disposition

Adjournment granted to permit Crown to call rebuttal evidence, subject to qualification and relevance limits

Orders

  • Adjournment granted to allow the Crown to call the proposed rebuttal witness
  • The proposed witness must be properly qualified as an expert in the identified areas before giving opinion evidence