R. v. Douglas

R. v. Douglas

On the evidence (affidavit and supporting physician letter) the judge accepted that the witness's anxiety/agoraphobia would impair her ability to give a full and candid account in open court; after weighing the statutory factors in s.486.2(3) and finding any prejudice to the accused manageable by limited directions, the judge concluded the statutory test in s.486.2(2) was met and granted orders for testimony outside the courtroom and for a support person under s.486.1(2).

Citation
2017 BCSC 2580
Parties
Crown: Regina; Accused: Aaron David James Douglas
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
18 May 2017
Procedural Posture
Criminal / Application for Testimonial Accommodation During Trial (jury Empanelled)
Outcome
Application for testimonial accommodation granted; orders made for testimony outside courtroom under s.486.2(2) and for a support person under s.486.1(2).
Legal Topics
Testimonial Accommodation, Video Link Testimony, Support Person, Agoraphobia, Criminal Code Ss.486, 486.1, 486.2
Source Language
English
Criminal Law Evidence Procedural Law Testimonial Accommodation Video Link Testimony Support Person Agoraphobia Criminal Code Ss.486, 486.1, 486.2

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Parties

Regina

Crown

Aaron David James Douglas

Accused

Procedural Posture

Criminal / Application for Testimonial Accommodation During Trial (jury Empanelled)

Legal Issues

  1. 1 Whether witness A.W. should be permitted to testify outside the courtroom under s.486.2(2) of the Criminal Code
  2. 2 Whether a support person should be permitted under s.486.1(2)
  3. 3 Whether allowing testimonial accommodation would prejudice the accused's fair trial rights

Ratio Decidendi

On the evidence (affidavit and supporting physician letter) the judge accepted that the witness's anxiety/agoraphobia would impair her ability to give a full and candid account in open court; after weighing the statutory factors in s.486.2(3) and finding any prejudice to the accused manageable by limited directions, the judge concluded the statutory test in s.486.2(2) was met and granted orders for testimony outside the courtroom and for a support person under s.486.1(2).

Court Disposition

Application for testimonial accommodation granted; orders made for testimony outside courtroom under s.486.2(2) and for a support person under s.486.1(2).

Orders

  • Witness A.W. to testify from outside the courtroom by closed‑circuit television under Criminal Code s.486.2(2).
  • Support person to be permitted to be present with the witness under Criminal Code s.486.1(2).