R. v. Turner

R. v. Turner

The search and blood draw were authorized by statute and the warrant, were not unreasonable under s.8, the Crown's conduct did not amount to abuse of process or breach s.7 or s.11(d), and the appropriate remedy for late disclosure is adjournment under s.657.3 rather than exclusion or stay; the accused's application was dismissed.

Citation
2004 BCSC 1777
Parties
Crown: Regina; Accused: Ryan Shawn Turner
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
16 September 2004
Procedural Posture
Criminal Sexual Assault / Voir Dire / Pre Trial Application to Exclude DNA and Seek Stay
Outcome
Application dismissed
Legal Topics
Abuse of Process, Charter S.7, Charter S.8, Charter S.11(d), Search Warrant S.487.05 S.487.06, Expert Disclosure S.657.3
Source Language
English
Criminal Law Constitutional Law Forensic/dna Evidence Procedural Law Abuse of Process Charter S.7 Charter S.8 Charter S.11(d) +2 more

Case Brief

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Parties

Regina

Crown

Ryan Shawn Turner

Accused

Procedural Posture

Criminal Sexual Assault / Voir Dire / Pre Trial Application to Exclude DNA and Seek Stay

Legal Issues

  1. 1 Whether taking of DNA violated s.8 of the Charter (unreasonable search)
  2. 2 Whether Crown's conduct amounted to abuse of process or violated s.7 or s.11(d) of the Charter
  3. 3 Whether DNA evidence should be excluded or proceedings stayed

Ratio Decidendi

The search and blood draw were authorized by statute and the warrant, were not unreasonable under s.8, the Crown's conduct did not amount to abuse of process or breach s.7 or s.11(d), and the appropriate remedy for late disclosure is adjournment under s.657.3 rather than exclusion or stay; the accused's application was dismissed.

Court Disposition

Application dismissed

Orders

  • Application dismissed
  • No stay of proceedings and DNA evidence not excluded on these grounds