United States v. Gallacher and Brown

United States v. Gallacher and Brown

The ROC was admissible and presumptively reliable; the identification evidence (CW1's familiarity with the respondents from multiple meetings and photographic identification) together with Sgt. Mooney's corroborating observations and the particulars in the ROC provided reliable evidence on every element of the alleged conspiracy. The evidence, after limited weighing, was sufficient that a properly instructed jury acting reasonably could convict; it was not so defective or unreliable as to make conviction dangerous or unsafe. Therefore the respondents were committed to custody to await surrender under s.29 of the Extradition Act.

Citation
2008 BCSC 708
Parties
Applicant/requesting State: The Attorney General of Canada on Behalf of the United States of America; Respondent/person Sought: Brian Gallacher; Respondent/person Sought: Dan Brown
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
5 June 2008
Procedural Posture
Extradition Proceedings Under the Extradition Act / Committal Hearing for Surrender Pursuant to S.29
Outcome
Respondents committed to custody to await surrender
Legal Topics
Committal, Identification, Admissibility of Evidence, Sufficiency of Evidence, Conspiracy to Traffic, Controlled Substances (mdma), Photo Identification
Source Language
English
Criminal Law Extradition Evidence Committal Identification Admissibility of Evidence Sufficiency of Evidence Conspiracy to Traffic +2 more

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Parties

The Attorney General of Canada on Behalf of the United States of America

Applicant/requesting State

Brian Gallacher

Respondent/person Sought

Dan Brown

Respondent/person Sought

Procedural Posture

Extradition Proceedings Under the Extradition Act / Committal Hearing for Surrender Pursuant to S.29

Legal Issues

  1. 1 Whether ROC evidence is admissible under the Extradition Act and treaty
  2. 2 Whether admissible evidence is sufficient to justify committal under s.29(1)(a)
  3. 3 Whether the person before the court is the person sought (identification)

Ratio Decidendi

The ROC was admissible and presumptively reliable; the identification evidence (CW1's familiarity with the respondents from multiple meetings and photographic identification) together with Sgt. Mooney's corroborating observations and the particulars in the ROC provided reliable evidence on every element of the alleged conspiracy. The evidence, after limited weighing, was sufficient that a properly instructed jury acting reasonably could convict; it was not so defective or unreliable as to make conviction dangerous or unsafe. Therefore the respondents were committed to custody to await surrender under s.29 of the Extradition Act.

Court Disposition

Respondents committed to custody to await surrender

Orders

  • Order that the respondents be committed to await surrender pursuant to s.29 of the Extradition Act