R. v. Whalley

R. v. Whalley

The Court held the trial judge did not misuse the co-accused's guilty plea, the out-of-court remark was admissible for the non‑truth purpose of showing association, and because the accused suffered no prejudice the Information could be amended under s.683(1)(g) by deleting the averment of an imitation firearm; the...

Source-derived case information.

Citation
2010 BCCA 132
Parties
Respondent (plaintiff): Regina; Appellant (defendant): Brendan Arin Whalley
Court
British Columbia Court of Appeal
Jurisdiction
Canada
Judgment Date
9 March 2010
Procedural Posture
Criminal — Appeal / Court of Appeal Judgment on Appeal From Provincial Court
Outcome
Appeal dismissed; Information amended and conviction affirmed
Legal Topics
Robbery, Assault With Intent to Steal, Use of Imitation Firearm, Amendment of Information, Hearsay, Co Accused Guilty Plea, Identification Evidence
Source Language
english
Criminal Law Evidence Procedural Law Robbery Assault With Intent to Steal Use of Imitation Firearm Amendment of Information Hearsay +2 more

Source-derived case record

Summary, issues, holding and outcome

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Parties

Regina

Respondent (plaintiff)

Brendan Arin Whalley

Appellant (defendant)

Procedural Posture

Criminal — Appeal / Court of Appeal Judgment on Appeal From Provincial Court

Legal Issues

  1. 1 Admissibility and use of a co-accused's guilty plea
  2. 2 Admissibility of an out-of-court statement attributed to co-accused (hearsay)
  3. 3 Whether the Crown proved use of an imitation firearm as an essential element of the charge

Ratio Decidendi

The Court held the trial judge did not misuse the co-accused's guilty plea, the out-of-court remark was admissible for the non‑truth purpose of showing association, and because the accused suffered no prejudice the Information could be amended under s.683(1)(g) by deleting the averment of an imitation firearm; the conviction under s.343(c) was affirmed.

Court Disposition

Appeal dismissed; Information amended and conviction affirmed

Orders

  • Amend the Information by deleting the phrase "while armed with an offensive weapon, to wit: an imitation firearm"
  • Affirm the conviction entered by the Provincial Court trial judge under s.343(c) (assault with intent to steal)