Regina v . Ashby

Regina v . Ashby

The appeal was dismissed because the trial judge reasonably accepted the constable's contemporaneous notes and testimony, her credibility findings were supported by the evidence as a whole (including the complainant's demeanor and the appellant's agitation), and the evidence was reasonably capable of supporting a...

Source-derived case information.

Citation
2000 BCSC 527
Parties
Plaintiff (respondent): Regina; Defendant (appellant): William Mark Ashby
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
27 March 2000
Procedural Posture
Criminal Summary Conviction Appeal / Appeal (written Submissions)
Outcome
Appeal dismissed
Legal Topics
Uttering Threats, Credibility Assessment, Evidence Sufficiency, Police Conduct, Procedural Fairness
Source Language
english
Criminal Law Appeals Uttering Threats Credibility Assessment Evidence Sufficiency Police Conduct Procedural Fairness

Source-derived case record

Summary, issues, holding and outcome

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Parties

Regina

Plaintiff (respondent)

William Mark Ashby

Defendant (appellant)

Procedural Posture

Criminal Summary Conviction Appeal / Appeal (written Submissions)

Legal Issues

  1. 1 Whether the conviction for uttering threats was unreasonable or unsupported by the evidence
  2. 2 Whether there was evidence of intent to threaten or capacity to carry out the threat
  3. 3 Whether the trial judge erred in relying on the constable's testimony and notes

Ratio Decidendi

The appeal was dismissed because the trial judge reasonably accepted the constable's contemporaneous notes and testimony, her credibility findings were supported by the evidence as a whole (including the complainant's demeanor and the appellant's agitation), and the evidence was reasonably capable of supporting a conviction for uttering threats; the additional relief sought was outside the scope of this appeal.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Requests for unrelated civil relief and other ancillary orders refused as outside the scope of this appeal