R. v. Christhurajah

R. v. Christhurajah

Defence failed to demonstrate actual prejudice from the court's ruling or inadequate notice; Appulonappa exceptions are defences necessitating an air of reality and the humanitarian aid exception remains available where the accused lacked knowledge or intent to profit, therefore the application for a mistrial is dismissed.

Citation
2017 BCSC 2454
Parties
Crown: Regina; Accused: Kunarobinson Christhurajah
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
23 May 2017
Procedural Posture
Criminal Application for Mistrial Under S.117 IRPA / Trial Application Heard and Decided
Outcome
Application for mistrial dismissed
Legal Topics
S.117 Immigration and Refugee Protection Act, Humanitarian Aid Exception, Mutual Assistance Exception, Mistrial, Air of Reality, Burden of Proof
Source Language
English
Immigration Law Criminal Law Evidence and Procedure S.117 Immigration and Refugee Protection Act Humanitarian Aid Exception Mutual Assistance Exception Mistrial Air of Reality +1 more

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Parties

Regina

Crown

Kunarobinson Christhurajah

Accused

Procedural Posture

Criminal Application for Mistrial Under S.117 IRPA / Trial Application Heard and Decided

Legal Issues

  1. 1 Whether defence established prejudice warranting a mistrial
  2. 2 Whether the Appulonappa exceptions are elements of the offence or defences requiring an air of reality
  3. 3 Whether the humanitarian aid exception is available where the accused lacked knowledge or intent to profit

Ratio Decidendi

Defence failed to demonstrate actual prejudice from the court's ruling or inadequate notice; Appulonappa exceptions are defences necessitating an air of reality and the humanitarian aid exception remains available where the accused lacked knowledge or intent to profit, therefore the application for a mistrial is dismissed.

Court Disposition

Application for mistrial dismissed

Orders

  • Application for mistrial dismissed