R. v. Sanghera

R. v. Sanghera

The court found the occupants were subject to de facto arrests and those arrests were lawful because Sgt. Weidman held the requisite subjective belief grounded on abundant objective information that the occupants were about to commit a shooting; searches of the vehicle at the scene were truly incidental to those...

Source-derived case information.

Citation
2012 BCSC 246
Parties
Crown: Regina; Accused Driver: Boby Sanghera; Accused: Navdip Sanghera; Accused: Charanjit Rangi; Accused: Savdip Sanghera; Accused: Jaspreet Virk
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
17 February 2012
Procedural Posture
Criminal Voir Dire / Ruling on Voir Dire #1
Outcome
Voir dire #1: Court rules the vehicle stop resulted in lawful de facto arrests; arrests lawful under s.495(1)(a) based on reasonable grounds that a shooting was imminent; searches at scene lawful as incident to arrest; no s.8 or s.9 breach; Crown conceded s.10(a) breaches and s.10(b) breaches except as to Virk...
Legal Topics
De Facto Arrest, Search Incident to Arrest, Vehicle Stop, Reasonable Grounds, S.8 Charter, S.9 Charter, S.10 Charter, Informant Reliability, Investigative Detention
Source Language
english
Criminal Law Constitutional Law Evidence Police Powers De Facto Arrest Search Incident to Arrest Vehicle Stop Reasonable Grounds +5 more

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 5 Authorities cited 12 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Regina

Crown

Boby Sanghera

Accused Driver

Navdip Sanghera

Accused

Charanjit Rangi

Accused

Savdip Sanghera

Accused

Jaspreet Virk

Accused

Procedural Posture

Criminal Voir Dire / Ruling on Voir Dire #1

Legal Issues

  1. 1 Whether occupants of vehicle were under de facto arrest at the scene
  2. 2 Whether arrests were lawful under s.495(1)(a) Criminal Code (belief that occupnts about to commit an indictable offence)
  3. 3 Whether Sgt. Weidman had subjective belief and objective reasonable grounds that a shooting was imminent

Ratio Decidendi

The court found the occupants were subject to de facto arrests and those arrests were lawful because Sgt. Weidman held the requisite subjective belief grounded on abundant objective information that the occupants were about to commit a shooting; searches of the vehicle at the scene were truly incidental to those lawful arrests and therefore did not breach s.8 or s.9 of the Charter; s.10(a) and most s.10(b) breaches were conceded by the Crown (issue as to Mr. Virk reserved).

Court Disposition

Voir dire #1: Court rules the vehicle stop resulted in lawful de facto arrests; arrests lawful under s.495(1)(a) based on reasonable grounds that a shooting was imminent; searches at scene lawful as incident to arrest; no s.8 or s.9 breach; Crown conceded s.10(a) breaches and s.10(b) breaches except as to Virk...

Orders

  • Ruling issued: de facto arrests lawful and searches incidental to arrest lawful; no exclusion under s.8 or s.9 on that basis (further s.24(2) submissions deferred)