R. v. Heppner

R. v. Heppner

Application dismissed because the defence failed to adduce evidence showing former counsel's conduct was incompetent and caused prejudice on the balance of probabilities; Browne v. Dunn and prior inconsistent statement issues were speculative and premature until the accused testifies, and any remedy (including...

Source-derived case information.

Citation
2017 BCSC 2565
Parties
Crown: Regina; Accused: Darren Darcy Edward Heppner
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
10 March 2017
Procedural Posture
Criminal Trial Application for Mistrial/other Remedy / Trial Resumed (27th Day); Mistrial Application Heard March 10, 2017
Outcome
Notice of application dismissed
Legal Topics
Mistrial, Browne V. Dunn Rule, Prior Inconsistent Statements, Ineffective Assistance of Counsel, Canada Evidence Act S.11, Reopening/recall of Witnesses
Source Language
english
Criminal Law Evidence Law Procedural Law Mistrial Browne V. Dunn Rule Prior Inconsistent Statements Ineffective Assistance of Counsel Canada Evidence Act S.11 +1 more

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Summary, issues, holding and outcome

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Parties

Regina

Crown

Darren Darcy Edward Heppner

Accused

Procedural Posture

Criminal Trial Application for Mistrial/other Remedy / Trial Resumed (27th Day); Mistrial Application Heard March 10, 2017

Legal Issues

  1. 1 Whether former defence counsel's conduct amounted to ineffective assistance (performance)
  2. 2 Whether any ineffective assistance caused a miscarriage of justice (prejudice)
  3. 3 Whether defence failure to put matters to complainant engages Browne v. Dunn rule

Ratio Decidendi

Application dismissed because the defence failed to adduce evidence showing former counsel's conduct was incompetent and caused prejudice on the balance of probabilities; Browne v. Dunn and prior inconsistent statement issues were speculative and premature until the accused testifies, and any remedy (including recall) remains available at the appropriate time.

Court Disposition

Notice of application dismissed

Orders

  • Notice of application dismissed
  • Liberty granted to defence to raise Browne v. Dunn issue at a later time