R. v. Lee et al.

R. v. Lee et al.

Considering the Garofoli factors and the totality of evidence — multiple informants' consistent detail about roles and relationships, corroborative surveillance and intercepted communications, Lee's trip to Hong Kong with his purported importer uncle amid local heroin scarcity and timing suggesting recent shipments — the issuing judge could have found informant reliability and a credible probability that interceptions of Lee's and Ho's communications would afford evidence of specified drug offences; therefore authorization P35/99 was valid as to both defendants.

Citation
2002 BCSC 121
Parties
Crown: Her Majesty the Queen; Accused: See Chun Lee; Accused: Gou Din Ho; Accused: Chuk Fong Tao; Accused: Wei Bo Chen; Accused: Chak Nam Chan; Accused: Siu Wan Chau; Accused: Cheung Hung
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
25 January 2002
Procedural Posture
Criminal Wiretap/interception Authorization / Application to Quash/voir Dire Reviewing Authorization P35/99
Outcome
Authorization P35/99 upheld as valid in relation to See Chun Lee and Gou Din Ho; application to quash dismissed as to both
Legal Topics
Authorization to Intercept Private Communications, Informant Reliability (garofoli Factors), Reasonable and Probable Grounds, Judicial Review of Issuance of Authorizations, Credible Probability
Source Language
English
Criminal Law Evidence Search and Seizure Drugs Law Communications Interception Authorization to Intercept Private Communications Informant Reliability (garofoli Factors) Reasonable and Probable Grounds +2 more

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Parties

Her Majesty the Queen

Crown

See Chun Lee

Accused

Gou Din Ho

Accused

Chuk Fong Tao

Accused

Wei Bo Chen

Accused

Chak Nam Chan

Accused

Siu Wan Chau

Accused

Cheung Hung

Accused

Procedural Posture

Criminal Wiretap/interception Authorization / Application to Quash/voir Dire Reviewing Authorization P35/99

Legal Issues

  1. 1 Whether informant evidence met Garofoli reliability standards to support an interception authorization
  2. 2 Whether the issuing judge could have found a credible probability that interceptions would afford evidence of specified offences
  3. 3 Whether authorization P35/99 was valid as to See Chun Lee and Gou Din Ho

Ratio Decidendi

Considering the Garofoli factors and the totality of evidence — multiple informants' consistent detail about roles and relationships, corroborative surveillance and intercepted communications, Lee's trip to Hong Kong with his purported importer uncle amid local heroin scarcity and timing suggesting recent shipments — the issuing judge could have found informant reliability and a credible probability that interceptions of Lee's and Ho's communications would afford evidence of specified drug offences; therefore authorization P35/99 was valid as to both defendants.

Court Disposition

Authorization P35/99 upheld as valid in relation to See Chun Lee and Gou Din Ho; application to quash dismissed as to both

Orders

  • Authorization P35/99 held valid as to See Chun Lee
  • Authorization P35/99 held valid as to Gou Din Ho