R. v. Hanson

R. v. Hanson

The trial judge held that, after discounting erroneous or improperly obtained information, the remaining facts provided a sufficient foundation for issuance of the DNA warrant; both statements were admissible because they were the product of an operating mind and King’s taped statement showed awareness of consequences; the jeans were taken with valid informed consent despite intoxication; evidence implicating McRorie was sufficiently connected to be admitted; and the DNA evidence from the knife, while limited in strength, was sufficiently probative that its prejudicial effect did not outweigh its probative value, so it was admissible.

Citation
2000 BCSC 375
Parties
Crown: Her Majesty the Queen; Accused: Jerry Andrew Hanson
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
1 March 2000
Procedural Posture
Criminal Manslaughter / Voir Dire (pre Trial Evidentiary)
Outcome
Voir dire rulings: DNA warrant held valid; DNA samples obtained under warrant admissible; both statements to Constables Saleh and King admissible; jean pants admissible; defence theory implicating Brian McRorie admissible; DNA evidence from the knife admissible.
Legal Topics
Search Warrant Validity, Consent to Search, Voluntariness of Statements, Intoxication and Operating Mind, Admissibility of DNA Evidence, Alternative Suspect Defence, Prejudicial Vs Probative Assessment
Source Language
English
Criminal Law Evidence Charter/constitutional Law Forensic/dna Law Search Warrant Validity Consent to Search Voluntariness of Statements Intoxication and Operating Mind +3 more

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Parties

Her Majesty the Queen

Crown

Jerry Andrew Hanson

Accused

Procedural Posture

Criminal Manslaughter / Voir Dire (pre Trial Evidentiary)

Legal Issues

  1. 1 Validity of DNA search warrant issued September 17, 1998
  2. 2 Admissibility of two statements made April 17, 1998 to Constables Saleh and King
  3. 3 Admissibility of jean pants taken from accused on April 17, 1998

Ratio Decidendi

The trial judge held that, after discounting erroneous or improperly obtained information, the remaining facts provided a sufficient foundation for issuance of the DNA warrant; both statements were admissible because they were the product of an operating mind and King’s taped statement showed awareness of consequences; the jeans were taken with valid informed consent despite intoxication; evidence implicating McRorie was sufficiently connected to be admitted; and the DNA evidence from the knife, while limited in strength, was sufficiently probative that its prejudicial effect did not outweigh its probative value, so it was admissible.

Court Disposition

Voir dire rulings: DNA warrant held valid; DNA samples obtained under warrant admissible; both statements to Constables Saleh and King admissible; jean pants admissible; defence theory implicating Brian McRorie admissible; DNA evidence from the knife admissible.

Orders

  • DNA samples obtained under the September 17, 1998 warrant admitted into evidence
  • Statement to Constable Saleh admitted