R. v. Leung

R. v. Leung

The officer met both the informational and implementation obligations of s.10(b) by reading the warning, attempting to contact the accused's chosen counsel, providing a private call to legal aid when the chosen lawyer was unavailable, and the accused voluntarily consulted legal aid; therefore no Charter breach occurred and the blood samples remain admissible.

Citation
2014 BCSC 2565
Parties
Crown: Regina; Accused: Michael Fu Wing Leung
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
10 December 2014
Procedural Posture
Criminal Impaired Driving Causing Bodily Harm / Voir Dire Admissibility of Blood Samples (s.10(b) Charter)
Outcome
No breach of section 10(b); evidence admissible
Legal Topics
Section 10(b) Right to Counsel, Implementation of Right to Counsel, Admissibility of Blood and Breath Evidence
Source Language
English
Criminal Law Constitutional Law Section 10(b) Right to Counsel Implementation of Right to Counsel Admissibility of Blood and Breath Evidence

Case Brief

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Parties

Regina

Crown

Michael Fu Wing Leung

Accused

Procedural Posture

Criminal Impaired Driving Causing Bodily Harm / Voir Dire Admissibility of Blood Samples (s.10(b) Charter)

Legal Issues

  1. 1 Whether the police breached section 10(b) by restricting access to counsel of choice
  2. 2 Whether suggesting legal aid or failing to offer a phone book amounted to channeling the accused to legal aid
  3. 3 Whether blood samples taken at hospital are admissible given the asserted Charter breach

Ratio Decidendi

The officer met both the informational and implementation obligations of s.10(b) by reading the warning, attempting to contact the accused's chosen counsel, providing a private call to legal aid when the chosen lawyer was unavailable, and the accused voluntarily consulted legal aid; therefore no Charter breach occurred and the blood samples remain admissible.

Court Disposition

No breach of section 10(b); evidence admissible

Orders

  • Voir dire dismissed
  • Blood samples admitted into evidence