R. v. Millington (K.), [2016] B.C.A.C. TBEd. AU.002
| Judge | Lowry, Harris and Dickson, JJ.A. |
| Court | Court of Appeal (British Columbia) |
| Case Date | July 14, 2016 |
| Jurisdiction | British Columbia |
| Citations | [2016] B.C.A.C. TBEd. AU.002;2016 BCCA 293 |
R. v. Millington (K.), [2016] B.C.A.C. TBEd. AU.002
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Temp. Cite: [2016] B.C.A.C. TBEd. AU.002
Regina (respondent) v. Kwesi Millington (appellant)
(CA42876; 2016 BCCA 293)
Indexed As: R. v. Millington (K.)
British Columbia Court of Appeal
Lowry, Harris and Dickson, JJ.A.
July 14, 2016.
Summary:
The accused was one of four R.C.M.P. officers involved in the multiple tasering of the victim at an airport. The victim died. The accused testified at an inquiry into the death. His testimony, and the similar testimony of the other officers, materially differed from what was video-recorded by a bystander. Based on his inquiry testimony, the accused was charged with, and convicted of, perjury. The basis for the accused's defence was that he did not lie; that his testimony was merely inaccurate because he mispercieved events in a fast-moving and stressful situation. The accused appealed, submitting that: (1) the judge erred in his approach to interpreting the video, leading to an erroneous rejection of what he perceived as preposterous; (2) the judge erred in applying the wrong legal principles in determining whether the accused had colluded with other officers in providing their similar statements; (3) the judge erred in excluding proposed expert evidence to justify and explain the phenomenon of officers misperceiving events in stressful situations; (4) the judge erred in permitting the Crown to allege collusion where one of the other officers had previously been acquitted of perjury based on essentially the same evidence; and (5) the judge misapprehended material evidence, resulting in a miscarriage of justice.
The British Columbia Court of Appeal dismissed the appeal.
Criminal Law - Topic 253
Abuse of process - What constitutes - See paragraphs 14 to 62.
Criminal Law - Topic 502
Perjury - "Intent to mislead" - What constitutes - See paragraphs 14 to 62.
Estoppel - Topic 386
Estoppel by record - Res judicata as a bar to subsequent proceedings - Issues decided in prior proceedings - See paragraphs 14 to 62.
Evidence - Topic 7001
Opinion evidence - Expert evidence - General - Qualifications and declaration that a witness is an expert - See paragraphs 14 to 62.
Evidence - Topic 7002
Opinion evidence - Expert evidence - General - Acceptance, rejection and weight to be given to expert opinion - See paragraphs 14 to 62.
Counsel:
R.R. Hira, Q.C., and A.N. Bultz, for the appellant;
E.V. Gottardi and T.C. Paisana, for the respondent.
This appeal was heard on June 15, 2016, at Vancouver, B.C., before Lowry, Harris and Dickson, JJ.A., of the British Columbia Court of Appeal.
On July 14, 2016, Harris, J.A., delivered the following judgment for the Court of Appeal.
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R v Sandoval-Barillas, 2017 ABCA 154
...their own common sense, human experience, and the instructions provided by the trial judge. ...[64] Finally, see also R v Millington, 2016 BCCA 293 at para 39, [2016] BCJ No 1491 (QL) under motion to SCC, [2016] SCCA No 456 (QL) (SCC No 37235).[65] The trial judge provided what is, in our v......
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R. v. Robinson, 2017 BCCA 6
...a verdict reflective of the verdicts in the other two, or three, cases. As Mr. Justice Harris recently stated in the Millington appeal (2016 BCCA 293): It may seem surprising, indeed troubling, that different courts can reach different results on what superficially appear to be similar or i......
-
R. v. Robinson,
...a verdict reflective of the verdicts in the other two, or three, cases. As Mr. Justice Harris recently stated in the Millington appeal (2016 BCCA 293): It may seem surprising, indeed troubling, that different courts can reach different results on what superficially appear to be similar or i......
-
R. v. Nield, 2019 BCCA 27
...expert evidence: R. v. Pearce, 2014 MBCA 70 at para. 74, adopted by this Court in R. v. Orr, 2015 BCCA 88 at para. 65; R. v. Millington, 2016 BCCA 293 at para. 37, aff’d 2017 SCC 53. Exclusion of Other Evidence [77] The Crown says the trial judge properly refused to admit the entire hospita......
-
R v Sandoval-Barillas, 2017 ABCA 154
...their own common sense, human experience, and the instructions provided by the trial judge. ...[64] Finally, see also R v Millington, 2016 BCCA 293 at para 39, [2016] BCJ No 1491 (QL) under motion to SCC, [2016] SCCA No 456 (QL) (SCC No 37235).[65] The trial judge provided what is, in our v......
-
R. v. Robinson, 2017 BCCA 6
...a verdict reflective of the verdicts in the other two, or three, cases. As Mr. Justice Harris recently stated in the Millington appeal (2016 BCCA 293): It may seem surprising, indeed troubling, that different courts can reach different results on what superficially appear to be similar or i......
-
R. v. Robinson,
...a verdict reflective of the verdicts in the other two, or three, cases. As Mr. Justice Harris recently stated in the Millington appeal (2016 BCCA 293): It may seem surprising, indeed troubling, that different courts can reach different results on what superficially appear to be similar or i......
-
R. v. Nield, 2019 BCCA 27
...expert evidence: R. v. Pearce, 2014 MBCA 70 at para. 74, adopted by this Court in R. v. Orr, 2015 BCCA 88 at para. 65; R. v. Millington, 2016 BCCA 293 at para. 37, aff’d 2017 SCC 53. Exclusion of Other Evidence [77] The Crown says the trial judge properly refused to admit the entire hospita......