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The Court of Appeal for British Columbia varied two probation conditions in a youth sentencing appeal: one about residence rules and one about treatment consent.
The Court of Appeal set aside an NCRMD verdict after finding the trial judge prematurely considered criminal responsibility before deciding guilt.
The court held that the common law defence of duress is available to persons charged as parties to murder but the trial judge’s pre‑trial exclusion of the defence caused no substantial wrong because there was no air of reality to duress on the evidence; the convictions and sentences were upheld because evidence supported constructive first degree murder liability for Mather and Aravena, Gardiner’s convictions as a party were reasonable, the jury instructions on post‑offence conduct were proper, and the trial judge did not err in finding M.H. was a confidential informant.
Source excerpt
The application for additional disclosure was dismissed because the material sought was largely irrelevant to the authorization and the charges or would risk disclosure of confidential informant identities protected by absolute informer privilege; no evidentiary basis was shown for a Charter breach or the grant of leave to cross-examine the affiant under Garofoli, and a stay was unjustified.
Source excerpt
Extradition committal ruling holding that abuse-of-process complaints were for the Minister, while the certified record and admissions met the s. 29 test.
The technician was entitled under s.254(3) to reject the second sample as unsuitable; her unchallenged good faith assessment rendered the aborted analysis irrelevant to the defence and did not invalidate the other test results; appeal dismissed.
Source excerpt
Application on the adequacy of massive electronic disclosure in the B.C. Rail prosecution. The court allowed limited defence attendance for document verification and ordered better indexes.
The Court held the trial judge's findings that the prosecution's disclosure conduct was disorganized, haphazard and indifferent were supported by the evidence and that the decision to stay was not 'clearly wrong'; accordingly the appellate court dismissed the appeal and affirmed the stay of proceedings.
Source excerpt
Voir dire on admissibility of the accused’s statements and letter. The court admitted the evidence, finding voluntariness, an operating mind, and no s. 7 breach from lost records.
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