R. v. Jahani

R. v. Jahani

The Supreme Court upheld the JJP: the appellant's statements were expressly conceded voluntary and admissible; the appellant's late Charter s.9 argument was not permitted because it was not raised at trial and a JJP could not grant the remedy without proper notice; charging the phone constituted use of a phone function and was a distracting event within the plain meaning and purpose of ss.214.1 and 214.2(1) MVA; fresh evidence did not satisfy Palmer and was not admitted; therefore the conviction was properly upheld.

Citation
2017 BCSC 745
Parties
Crown: Regina; Accused/appellant: Masoud Jahani
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
5 May 2017
Procedural Posture
Criminal Traffic (motor Vehicle Act) / Appeal From Judicial Justice of the Peace Decision to Supreme Court of British Columbia
Outcome
Appeal dismissed; conviction upheld.
Legal Topics
Use of Electronic Device While Driving, Voluntariness of Statements, Charter S.9 Detention, Fresh Evidence (palmer), Distracted Driving, Judicial Review/standard of Appeal
Source Language
English
Criminal Law Traffic Law Constitutional Law Evidence Law Statutory Interpretation Use of Electronic Device While Driving Voluntariness of Statements Charter S.9 Detention +3 more

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Parties

Regina

Crown

Masoud Jahani

Accused/appellant

Procedural Posture

Criminal Traffic (motor Vehicle Act) / Appeal From Judicial Justice of the Peace Decision to Supreme Court of British Columbia

Legal Issues

  1. 1 Whether charging a cell phone while stopped constitutes "use" under s.214.1/214.2(1) MVA
  2. 2 Whether the appellant's statements were voluntary and admissible
  3. 3 Whether Charter s.9 argument can be raised on appeal when not raised at trial before JJP

Ratio Decidendi

The Supreme Court upheld the JJP: the appellant's statements were expressly conceded voluntary and admissible; the appellant's late Charter s.9 argument was not permitted because it was not raised at trial and a JJP could not grant the remedy without proper notice; charging the phone constituted use of a phone function and was a distracting event within the plain meaning and purpose of ss.214.1 and 214.2(1) MVA; fresh evidence did not satisfy Palmer and was not admitted; therefore the conviction was properly upheld.

Court Disposition

Appeal dismissed; conviction upheld.

Orders

  • Appeal dismissed
  • Conviction for using an electronic device while driving under s.214.2(1) MVA upheld