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September 29, 2005

Importance of cross-examination by defense counsel emphasized by acquittal in assault case.

In R. v. P.S. and A. the accused were charged with assaulting a Peace Officer. They were alleged to have thrown a glass at an RCMP officer resulting in the glass "exploding" in the officer's face. After cross-examination of the officers at the scene, Judge Jardine found that the Crown had failed to prove its case against the accused beyond a reasonable doubt and they were found not guilty.

Posted by BCCLB at 06:11 PM

Cross-examination key to not guilty verdict in impaired driving case.

P.S. was charged with impaired driving, refusal to provide a breath sample, and police pursuit. Mr. S. was found not guilty of all charges without having to testify after the cross-examination of three RCMP officers involved in the case.

Posted by BCCLB at 05:39 PM

September 28, 2005

Unlawful search leads to acquittal in New Westminster cocaine and heroin case

In R. v. S., a judgment recently issued out of the New Westminster BC Supreme Court, Madam Justice Dillon ruled that the unlawful search of Mr. S. meant that a large quantity of cocaine and heroine found in the his pants at the time of the search had to be excluded from evidence available to the Crown. As a result, Mr. S. was acquitted.

Posted by BCCLB at 11:51 PM