R. v. Cochrane (B.D.), (1997) 94 B.C.A.C. 15 (CA)

• Jurisdiction: British Columbia
• Court: Court of Appeal (British Columbia)
• Judge: McEachern, C.J.B.C., Carrothers and Donald, JJ.A.
• Citation: (1997), 94 B.C.A.C. 15 (CA)
• Date: 16 June 1997

R. v. Cochrane (B.D.) (1997), 94 B.C.A.C. 15 (CA);

    152 W.A.C. 15

MLB headnote and full text

Temp Cite: [1997] B.C.A.C. TBEd. JL.050

Regina (respondent) v. Bradley Duncan Cochrane (appellant)

(CA022250)

Indexed As: R. v. Cochrane (B.D.)

British Columbia Court of Appeal

McEachern, C.J.B.C., Carrothers and Donald, JJ.A.

June 16, 1997.

Summary:

The accused was convicted by a jury of two counts of assault with a weapon and one count of uttering a threat. The accused appealed from conviction.

The British Columbia Court of Appeal dismissed the appeal.

Criminal Law - Topic 80

Res judicata (multiple convictions for same subject matter pre­cluded) - Circumstances when defence may be raised - The British Columbia Court of Appeal stated that in order to require a right to a judicial stay on the Kienapple principle, it was necess­ary that the two offences arose from the same transaction - It was also necess­ary to con­sider whether there was an adequate legal nexus between them - The court held that there was no nexus if there were discrete legal issues in each offence - See para­graphs 10 to 12.

Cases Noticed:

R. v. Kienapple, [1975] 1 S.C.R. 729; 1 N.R. 322; 26 C.R.N.S. 1; 15 C.C.C.(2d) 524; 44 D.L.R.(3d) 351, refd to. [para. 10].

Harrison, Re (1978), 7 C.R.(3d) 32 (B.C.C.A.), refd to. [para. 11].

R. v. Prince (1986), 70 N.R. 119; 45 Man.R.(2d) 93 (S.C.C.), refd to. [para. 11].

R. v. Andrews (1990), 57 C.C.C.(3d) 301 (B.C.C.A.), refd to. [para. 11].

R. v. Griffin (D.R.A.) (1996), 83 B.C.A.C. 124; 136 W.A.C. 124; 111 C.C.C.(3d) 567 (C.A.), refd to. [para. 13].

R. v. Felawka, [1993] 4 S.C.R. 199; 159 N.R. 50; 33 B.C.A.C. 241; 54 W.A.C. 241, refd to. [para. 13].

Statutes Noticed:

Criminal Code, R.S.C. 1985, c. C-46, sect. 34(1) [para. 8]; sect. 264.1(1)(a) [para. 10].

Counsel:

R. Cornett, for the appellant;

G.C. Deedman, for the respondent, Crown.

This appeal was heard in Vancouver, British Columbia, before McEachern, C.J.B.C., Carrothers and Donald, JJ.A., of the British Columbia Court of Appeal. The decision of the court was delivered orally by McEachern, C.J.B.C., on June 16, 1997.