R. v. Fundal

R. v. Fundal

Signed witness statements did not need to be physically attached to the supervisor's report provided they were conveyed to the accused before the hearing and no prejudice resulted; consequently the supervisor's report and attached signed statements were admissible under s.742.6 and a proportionate sanction was to suspend the CSO and impose 76 days custody.

Citation
2017 BCSC 944
Parties
Crown: Regina; Accused: Christopher Julius Fundal; Accused: Kevin Asi Gonzales
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
3 April 2017
Procedural Posture
Criminal Breach of Conditional Sentence / Hearing on Alleged Breach of Conditional Sentence
Outcome
Breach proven; conditional sentence suspended and accused ordered to serve 76 days custody then return to CSO conditions
Legal Topics
Breach of CSO, Admissibility of Supervisor's Report, Curfew Breach, Assault, Procedural Notice and Prejudice
Source Language
English
Criminal Law Sentencing Evidence Conditional Sentence Orders Breach of CSO Admissibility of Supervisor's Report Curfew Breach Assault +1 more

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Parties

Regina

Crown

Christopher Julius Fundal

Accused

Kevin Asi Gonzales

Accused

Procedural Posture

Criminal Breach of Conditional Sentence / Hearing on Alleged Breach of Conditional Sentence

Legal Issues

  1. 1 Whether the supervisor's report complied with s.742.6(4)-(5) of the Criminal Code
  2. 2 Whether signed witness statements must be physically attached to the supervisor's report
  3. 3 Whether the accused suffered prejudice from timing/format of disclosure

Ratio Decidendi

Signed witness statements did not need to be physically attached to the supervisor's report provided they were conveyed to the accused before the hearing and no prejudice resulted; consequently the supervisor's report and attached signed statements were admissible under s.742.6 and a proportionate sanction was to suspend the CSO and impose 76 days custody.

Court Disposition

Breach proven; conditional sentence suspended and accused ordered to serve 76 days custody then return to CSO conditions

Orders

  • Supervisor's report and signed witness statements admitted as evidence
  • Suspend CSO for 90 days, reduced by 14 days custody already served (March 16–30), leaving 76 days custody to be served