R. v. T.B.K.

R. v. T.B.K.

In a judge-alone criminal trial where the accused calls no evidence the Crown does not have a right of reply as of right; the Crown may apply for leave to reply, but the trial judge must exercise discretion and may limit or deny any reply to preserve fairness and avoid repetition or line-by-line rebuttal.

Citation
2018 BCSC 1536
Parties
Prosecution: Regina; Accused (youth): T.B.K.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
12 April 2018
Procedural Posture
Criminal Judge Alone (youth Justice) / Post Closing Submissions; Crown Application for Right to Reply
Outcome
Application for Crown's right to reply denied in part and granted in part; no right of reply as of right; limited leave granted on specific topics other than the recorded calls
Legal Topics
Right of Reply, Closing Submissions, Judge Alone Trials, Leave to Reply, Publication Ban
Source Language
English
Criminal Law Youth Justice Evidence Criminal Procedure Right of Reply Closing Submissions Judge Alone Trials Leave to Reply +1 more

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Parties

Regina

Prosecution

T.B.K.

Accused (youth)

Procedural Posture

Criminal Judge Alone (youth Justice) / Post Closing Submissions; Crown Application for Right to Reply

Legal Issues

  1. 1 Whether the Crown has a right of reply as of right in a judge-alone criminal trial where the accused calls no evidence
  2. 2 Whether s.651 Criminal Code applies to judge-alone trials and limits on reply
  3. 3 What circumstances justify leave to reply and permissible scope of any reply

Ratio Decidendi

In a judge-alone criminal trial where the accused calls no evidence the Crown does not have a right of reply as of right; the Crown may apply for leave to reply, but the trial judge must exercise discretion and may limit or deny any reply to preserve fairness and avoid repetition or line-by-line rebuttal.

Court Disposition

Application for Crown's right to reply denied in part and granted in part; no right of reply as of right; limited leave granted on specific topics other than the recorded calls

Orders

  • Application for an unfettered Crown reply is denied
  • Leave to reply is denied with respect to the recorded telephone calls and any line-by-line rebuttal of the Defence's submissions on those calls