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Criminal law 2021 BCSC 1408

R. v. James

The court granted a defence application and quashed count 1 of a direct indictment, finding the count duplicative, prejudicial, and too difficult to manage fairly at trial.

  • Breach of trust (s.122 criminal code)
  • Duplicity
  • Single transaction rule (s.581)
  • Particulars
  • Reyat principle (multi‑occurrence unanimity)
  • Charge management
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Criminal law 2019 BCSC 265

R. v. Brassington

Sentencing of an RCMP sergeant for breach of trust and obstruction attempts arising from the Surrey Six investigation, resulting in a conditional sentence.

  • Breach of trust (s.122 criminal code)
  • Obstruction of justice (s.139(2) criminal code)
  • Conditional sentence
  • Restitution (s.738 criminal code)
  • Witness management
  • Publication ban (s.486.5(1) criminal code
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Criminal law 2002 BCSC 810

R v. Pilarinos

The court dismissed Glen David Clark’s directed-verdict application on Count 10, holding the Crown had evidence a jury could use on breach of trust under s. 122.

  • Breach of trust (s.122 criminal code)
  • Directed verdict test
  • Hearsay as circumstantial evidence
  • Mens rea: subjective/recklessness/wilful blindness
  • Circumstantial evidence and inferential gaps
  • Role of the jury
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