R. v. Osguthorpe

R. v. Osguthorpe

The accused expressly and unequivocally waived his implementation right by stating 'I waive my rights to the Sidney robbery' with appreciation of the consequences; therefore s.10(b) rights were not infringed and the subsequent statements are admissible.

Source-derived case information.

Citation
2004 BCSC 1641
Parties
Crown: Regina; Accused: Christopher Colin Osguthorpe
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
16 November 2004
Procedural Posture
Criminal Charter Application / Oral Ruling on Charter Application
Outcome
Charter application dismissed; accused's s.10(b) rights found not infringed
Legal Topics
Section 10(b) Right to Counsel, Waiver of Rights, Admissibility of Statements, Police Implementation Duty (whittle)
Source Language
english
Criminal Law Constitutional Law Canadian Charter of Rights and Freedoms Section 10(b) Right to Counsel Waiver of Rights Admissibility of Statements Police Implementation Duty (whittle)

Source-derived case record

Summary, issues, holding and outcome

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Parties

Regina

Crown

Christopher Colin Osguthorpe

Accused

Procedural Posture

Criminal Charter Application / Oral Ruling on Charter Application

Legal Issues

  1. 1 Whether s.10(b) right to counsel was infringed
  2. 2 Whether the accused validly and unequivocally waived his s.10(b) right to counsel
  3. 3 Whether the statements made while in custody are admissible

Ratio Decidendi

The accused expressly and unequivocally waived his implementation right by stating 'I waive my rights to the Sidney robbery' with appreciation of the consequences; therefore s.10(b) rights were not infringed and the subsequent statements are admissible.

Court Disposition

Charter application dismissed; accused's s.10(b) rights found not infringed

Orders

  • No exclusion of the accused's statements; statements may be admitted into evidence.