R. v. Nakamura (Y.) et al., [2011] B.C.T.C. Uned. 1443 (SC)
Jurisdiction | British Columbia |
Judge | Romilly, J. |
Citation | [2011] B.C.T.C. Uned. 1443 (SC),2011 BCSC 1443,[2011] B.C.T.C. Uned. 1443 |
Court | Supreme Court of British Columbia (Canada) |
Subject Matter | CIVIL RIGHTS,CRIMINAL LAW |
Date | 26 October 2011 |
-
- This document is available in original version only for vLex customers
View this document and try vLex for 7 days - TRY VLEX
- This document is available in original version only for vLex customers
8 practice notes
-
Table of cases
...155−56 R v Nagle, 2012 BCCA 373 ................................................................................. 138 R v Nakamura, 2011 BCSC 1443 ........................................................................ 290 R v Nartey, 2013 ONCA 215 ...............................................
-
The Impact of the Charter
...If she chose not to make a statement there was no reason for her to remain.” See also R v Czibulka , 2011 ONCA 82, and R v Nakamura , 2011 BCSC 1443, where the trial judge found that although the accused was eventually told he was free to go, he had been detained long before that point. The......
-
R. v. Nakamura (Y.) et al., [2012] B.C.T.C. Uned. 327
...[3] Shane Vincent ("Vincent") pled not guilty to Count 2 but, after a ruling was made with respect to the voluntariness of his statement (2011 BCSC 1443) he changed his plea to guilty and was convicted. He was 18 years old at the time of the offence. The matter was adjourned to today for th......
-
R. v. Lee (D.), [2012] B.C.T.C. Uned. 1548 (SC)
...O.J. No. 81 (Ct. J.). e) Burden of Proof [62] I discussed the burden of proof with respect to the right to counsel in R. v. Nakamura , 2011 BCSC 1443 at para. 22. [63] In R. v. Bartle , [1994] 3 S.C.R. 173, 92 C.C.C. (3d) 289 at 313-17, Lamer C.J.C. discussed the issue of burden of proof un......
Request a trial to view additional results
6 cases
-
R. v. Nakamura (Y.) et al., [2012] B.C.T.C. Uned. 327
...[3] Shane Vincent ("Vincent") pled not guilty to Count 2 but, after a ruling was made with respect to the voluntariness of his statement (2011 BCSC 1443) he changed his plea to guilty and was convicted. He was 18 years old at the time of the offence. The matter was adjourned to today for th......
-
R. v. Lee (D.), [2012] B.C.T.C. Uned. 1548 (SC)
...O.J. No. 81 (Ct. J.). e) Burden of Proof [62] I discussed the burden of proof with respect to the right to counsel in R. v. Nakamura , 2011 BCSC 1443 at para. 22. [63] In R. v. Bartle , [1994] 3 S.C.R. 173, 92 C.C.C. (3d) 289 at 313-17, Lamer C.J.C. discussed the issue of burden of proof un......
-
R. v. Alexander (J.A.N.), 2014 BCSC 293
...breach on the same voir dire . This is known as a blended voir dire . The practice was addressed by Romilly J. in R. v. Nakamura , 2011 BCSC 1443 at paras. 17 to 22: C. PROCEDURE ON THIS VOIR DIRE [17] In R. v. Voss (1989), 50 C.C.C.(3d) 58 (Ont. C.A.) at 79-80, Tarnopolsky J.A. suggests th......
-
R. v. Swite (C.), [2012] B.C.T.C. Uned. 1518 (SC)
...of the police, and was therefore detained. R. v. Grant [2009] 2 S.C.R. 353 at paras. 41-52; R. v. Subaru 2 S.C.R. 460; and R. v. Nakamura 2011 BCSC 1443 at paras. 48 to 54.Upon arrest or detention, s. 10 of the Charter places two primary obligations on the police. First, the detainee has ri......
Request a trial to view additional results
2 books & journal articles
-
The Impact of the Charter
...If she chose not to make a statement there was no reason for her to remain.” See also R v Czibulka , 2011 ONCA 82, and R v Nakamura , 2011 BCSC 1443, where the trial judge found that although the accused was eventually told he was free to go, he had been detained long before that point. The......
-
Table of cases
...155−56 R v Nagle, 2012 BCCA 373 ................................................................................. 138 R v Nakamura, 2011 BCSC 1443 ........................................................................ 290 R v Nartey, 2013 ONCA 215 ...............................................