R. v. Barreda (J.M.), (1999) 20 B.C.T.C. 370 (SC)
|Court:||Supreme Court of British Columbia|
|Case Date:||March 16, 1999|
|Citations:||(1999), 20 B.C.T.C. 370 (SC)|
R. v. Barreda (J.M.) (1999), 20 B.C.T.C. 370 (SC)
MLB headnote and full text
Temp. Cite:  B.C.T.C. TBEd. OC.103
Her Majesty the Queen v. Juan Munoz Barreda, otherwise known as Juan Carlos Barreda
Indexed As: R. v. Barreda (J.M.)
British Columbia Supreme Court
March 16, 1999.
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.
R. v. Krause,  2 S.C.R. 466; 71 N.R. 61; 29 C.C.C.(3d) 385, refd to. [para. 11].
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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