R. v. Barreda (J.M.), (1999) 20 B.C.T.C. 370 (SC)

Judge:Owen-Flood, J.
Court:Supreme Court of British Columbia
Case Date:March 16, 1999
Jurisdiction:British Columbia
Citations:(1999), 20 B.C.T.C. 370 (SC)
 
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R. v. Barreda (J.M.) (1999), 20 B.C.T.C. 370 (SC)

MLB headnote and full text

Temp. Cite: [1999] B.C.T.C. TBEd. OC.103

Her Majesty the Queen v. Juan Munoz Barreda, otherwise known as Juan Carlos Barreda

(93834)

Indexed As: R. v. Barreda (J.M.)

British Columbia Supreme Court

Victoria

Owen-Flood, J.

March 16, 1999.

Summary:

The Crown sought to call rebuttal testi­mony after it had closed its case and after defence counsel had closed its case.

The British Columbia Supreme Court rejected the application. The documents the Crown sought to introduce in its rebuttal testimony could have been put in the Crown's evidence-in-chief. Absent special circumstances, the Crown was not permitted to "split" its case.

Criminal Law - Topic 5235

Evidence and witnesses - Rebuttal evidence - By Crown - See paragraphs 1 to 15.

Evidence - Topic 510

Presentation of evidence - Rebuttal evi­dence - General principles - See para­graphs 1 to 15.

Evidence - Topic 511

Presentation of evidence - Rebuttal evi­dence - Criminal cases - See paragraphs 1 to 15.

Cases Noticed:

R. v. Krause, [1986] 2 S.C.R. 466; 71 N.R. 61; 29 C.C.C.(3d) 385, refd to. [para. 11].

Counsel:

M. Mark, for the Crown;

B. Hickford, for the accused.

This application was heard on March 16, 1999, at Victoria, British Columbia, before Owen-Flood, J., of the British Columbia Supreme Court, who delivered the following oral judgment on the same date.

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