ACG v. Rosenau

ACG v. Rosenau

The court held that the admissible evidence contained in the SROC and SSROC is sufficiently reliable and, taken as a whole, discloses a plausible case that a reasonable properly instructed jury could convict Rosenau of trafficking and conspiracy to traffic in cannabis; the Hunley affidavit did not rebut the certification presumption nor render the accomplice evidence manifestly unreliable, and committal was ordered.

Citation
2009 BCSC 805
Parties
Requesting State: Attorney General of Canada (on behalf of the United States of America); Person Sought: Henry C. Rosenau
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
17 June 2009
Procedural Posture
Extradition / Committal Hearing Under S.29 (application to Commit to Await Surrender)
Outcome
Person committed for extradition to the United States to await surrender.
Legal Topics
Committal Hearing, Double Criminality, Admissibility and Certification of Foreign Evidence, Accomplice Evidence, Hearsay
Source Language
English
Extradition Law Criminal Law Drug Trafficking Evidence Law Committal Hearing Double Criminality Admissibility and Certification of Foreign Evidence Accomplice Evidence +1 more

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Parties

Attorney General of Canada (on behalf of the United States of America)

Requesting State

Henry C. Rosenau

Person Sought

Procedural Posture

Extradition / Committal Hearing Under S.29 (application to Commit to Await Surrender)

Legal Issues

  1. 1 Is the Record of the Case (ROC) admissible?
  2. 2 Is the admissible evidence sufficient to justify committal under s.29(1) of the Extradition Act?

Ratio Decidendi

The court held that the admissible evidence contained in the SROC and SSROC is sufficiently reliable and, taken as a whole, discloses a plausible case that a reasonable properly instructed jury could convict Rosenau of trafficking and conspiracy to traffic in cannabis; the Hunley affidavit did not rebut the certification presumption nor render the accomplice evidence manifestly unreliable, and committal was ordered.

Court Disposition

Person committed for extradition to the United States to await surrender.

Orders

  • Order committing Henry C. Rosenau into custody to await surrender to the United States of America.