R. v. Wernham, (1976) 6 A.R. 570 (DC)

• Court: Court of Queen's Bench of Alberta (Canada)
• Case Date: December 17, 1976
• Citations: (1976), 6 A.R. 570 (DC)

R. v. Wernham (1976), 6 A.R. 570 (DC)

MLB headnote and full text

R. v. Wernham

Indexed As: R. v. Wernham

Alberta District Court

Judicial District of Calgary

Kerans, A.C.J.

December 17, 1976.

Summary:

This headnote contains no summary.

Criminal Law - Topic 5301

Evidence - Inadmissible private communications - Notice of intention to offer the communication into evidence - Criminal Code, s. 178.16(4) - During a voir dire the accused objected to the admissibility of an intercepted telephone conversation (between the accused and a witness) on the ground that the Crown failed to give the accused the notice required by s. 178.16(4) of the Criminal Code - The Alberta District Court held that the evidence was admissible because one of the parties to the telephone conversation consented to its admission and stated that in such circumstances the notice provisions of s. 178.16(4) are inapplicable.

Criminal Law - Topic 4505

Procedure - Trial - Evidence - Special duties of the Crown - Duty of the Crown to disclose evidence prior to trial - The Alberta District Court stated that there is an obligation on the Crown in all criminal cases not to surprise an accused and to give an accused reasonable notice of all evidence to be used against him - See paragraph 10.

Cases Noticed:

R. v. Dunn, 16 N.S.R.(2d) 527; 16 A.P.R. 527; 28 C.C.C. 538, not folld. [para. 3].

Statutes Noticed:

Criminal Code of Canada, R.S.C. 1970, c. C-34, sect. 178.16 [para. 1].

Counsel:

M.A. Brown, for the Crown;

M.F. Casey, for the accused.

The judgment of the Alberta District Court was delivered at Calgary, Alberta, on December 17, 1976, by KERANS, A.C.J.