R. v. Myers
The trial judge did not err: the Collins factors were properly applied, the degree of departure from reasonable and probable grounds was not significant given safety risks and limited opportunity for further investigation, the informant's description matched the appellant, and the finding of good faith was supported...
Source-derived case information.
- Citation
- C32089
- Parties
- Appellant: Duke Myers; Respondent: Her Majesty the Queen
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 9 June 2000
- Procedural Posture
- Criminal / Appeal From Conviction and Sentence
- Outcome
- Appeal dismissed
- Legal Topics
- Search and Seizure, Admissibility of Evidence, Informant Tips, Good Faith Exception, Collins Factors
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Duke Myers
Appellant
Her Majesty the Queen
Respondent
Procedural Posture
Criminal / Appeal From Conviction and Sentence
Legal Issues
- 1 Whether the trial judge erred in applying the second and third Collins categories to admit weapon evidence obtained after a warrantless search
- 2 Whether the trial judge failed to consider the degree of departure from reasonable and probable grounds in effecting the search
- 3 Whether the trial judge's finding of good faith by the officers was supported by the evidence
Ratio Decidendi
The trial judge did not err: the Collins factors were properly applied, the degree of departure from reasonable and probable grounds was not significant given safety risks and limited opportunity for further investigation, the informant's description matched the appellant, and the finding of good faith was supported by the evidence; appeal dismissed.
Court Disposition
Appeal dismissed
Orders
- Appeal dismissed
Full Case Text
Judgment text and source record
1 paragraphs
R. v. Myers Collection Decisions of the Court of Appeal Date 2000-06-09 Docket numbers C32089 Judges Morden, John Wilson; Austin, Allan McNiece; Goudge, Stephen Thomas Subject Criminal Decision Content DATE: 20000609 DOCKET: C32089 COURT OF APPEAL FOR ONTARIO RE: HER MAJESTY THE QUEEN (Respondent) and DUKE MYERS (Appellant) BEFORE: MORDEN, AUSTIN AND GOUDGE JJ.A. COUNSEL: Richard J. Posner For the appellant Feroza Bhabha For the respondent HEARD: June 1, 2000 On appeal from the conviction of Finnestad J. on October 5, 1998 and from sentence imposed on October 30, 1998. ENDORSEMENT [1] Despite Mr. Posner’s able submissions, we are not persuaded that the trial judge erred in her application of the second and third categories of factors set forth in Collins in admitting the evidence of the weapon. [2] The appellant submits that the trial judge erred in not considering the degree of departure from reasonable and probable grounds in effecting the search. It is true that the trial judge did not expressly refer to this factor but we think that, in all of the circumstances shown in the evidence, the degree of departure was not significant. There was a risk to the safety of the officers and to others in the area and little opportunity to conduct further investigation. Further, in so far as the identification of the appellant as the person described by the informant is concerned, the appellant, in accordance with the informant’s description, was the only male at the club wearing an orange shirt with cream coloured pants. In our view, the trial judge’s finding of good faith is reasonably supported by the evidence. [3] The appeal is dismissed. “J.W. Morden J.A.” “Austin J.A.” “S.T. Goudge J.A.”