U.S.A. v. Khuc

U.S.A. v. Khuc

Despite errors in the ROCs the certified evidence, including witness photographic identifications, voice matches and matching personal identifiers, is admissible and sufficient under the prima facie test to justify committal for trafficking and conspiracy; on a balance of probabilities the person before the court is the person sought; therefore committal ordered.

Citation
2008 BCSC 1374
Parties
Applicant/requesting State: The Attorney General on behalf of the United States of America; Respondent/person Sought: Thi Huong Khuc
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
22 August 2007
Procedural Posture
Extradition / Committal Hearing/decision
Outcome
Committed for extradition on charges of trafficking and conspiracy to traffic
Legal Topics
Identification, Committal, Evidence Admissibility, Prima Facie Test, Voice and Photo Identification
Source Language
English
Extradition Criminal Law Drug Offences Identification Committal Evidence Admissibility Prima Facie Test Voice and Photo Identification

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Parties

The Attorney General on behalf of the United States of America

Applicant/requesting State

Thi Huong Khuc

Respondent/person Sought

Procedural Posture

Extradition / Committal Hearing/decision

Legal Issues

  1. 1 Whether admissible evidence is sufficient to justify committal under s.29(1)(a) of the Extradition Act
  2. 2 Whether there is prima facie evidence that the person who committed the alleged offences is Thi Huong Khuc
  3. 3 Whether there is proof on a balance of probabilities that the person before the court is the person sought by the requesting state

Ratio Decidendi

Despite errors in the ROCs the certified evidence, including witness photographic identifications, voice matches and matching personal identifiers, is admissible and sufficient under the prima facie test to justify committal for trafficking and conspiracy; on a balance of probabilities the person before the court is the person sought; therefore committal ordered.

Court Disposition

Committed for extradition on charges of trafficking and conspiracy to traffic

Orders

  • Order that Thi Huong Khuc be committed for extradition on charges of trafficking and conspiracy to traffic
  • Surrender not to occur until after expiry of 30 days; respondent informed of right to appeal and to apply for judicial interim release