Case information
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31970
David Mostyn Pritchard v. Her Majesty The Queen
(British Columbia) (Criminal) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2008-11-06 | Appeal closed | |
| 2008-10-31 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2008-10-31 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2008-10-30 |
Judgment on the appeal rendered, CJ Bi De F Abe Cha Ro, The appeal from the judgment of the Court of Appeal for British Columbia (Vancouver), Number CA030487, 2007 BCCA 82, dated February 8, 2007, heard on April 18, 2008, is dismissed. Dismissed |
|
| 2008-05-06 | Transcript received, (55 pages) | |
| 2008-04-18 | Judgment reserved OR rendered with reasons to follow | |
| 2008-04-18 | Respondent's condensed book, submitted in court (14 copies) | Her Majesty The Queen |
| 2008-04-18 | Appellant's condensed book, submitted in court (14 copies) | David Mostyn Pritchard |
| 2008-04-18 | Acknowledgement and consent for video taping of proceedings, from all parties | |
| 2008-04-18 |
Hearing of the appeal, 2008-04-18, CJ Bi De F Abe Cha Ro Judgment reserved |
|
| 2008-04-10 | Order on motion to extend time | |
| 2008-04-10 |
Decision on motion to extend time, to serve and file the respondent's factum and book of authorities to Mar 14/08 and to present oral argument at the hearing of the appeal, Cha Granted |
|
| 2008-04-10 | Submission of motion to extend time, Cha | |
| 2008-04-02 | Notice of appearance, Rod H. G. Holloway & Richard C. Gibbs, Q.C. will be present at the hearing | David Mostyn Pritchard |
| 2008-04-02 | Notice of appearance, Kathleen M. Kerr & Trevor Shaw will be present at the hearing | Her Majesty The Queen |
| 2008-03-25 | Response to motion to extend time, (Letter Form), (included in the motion), Completed on: 2008-03-25 | David Mostyn Pritchard |
| 2008-03-25 | Motion to extend time, to file factum, BofA to Mar. 14/08 and permission for oral argument (consent included), Completed on: 2008-03-25 | Her Majesty The Queen |
| 2008-03-14 | Respondent's book of authorities, (extension of time filed Mar. 25/08), Completed on: 2008-03-28 | Her Majesty The Queen |
| 2008-03-14 | Respondent's factum, (extension of time filed Mar. 25/08), Completed on: 2008-03-28 | Her Majesty The Queen |
| 2008-03-07 | Appeal perfected for hearing | |
| 2008-02-28 | Notice of hearing sent to parties | |
| 2008-02-28 |
Appeal hearing scheduled, 2008-04-18 Judgment reserved |
|
| 2008-01-11 | Appellant's book of authorities, Completed on: 2008-01-11 | David Mostyn Pritchard |
| 2008-01-11 | Appellant's factum, (CD rec'd Jan. 14/08), Completed on: 2008-01-14 | David Mostyn Pritchard |
| 2008-01-10 | Appellant's record, (Vol. 1 to 54 - 12 copies of Index - Service to follow), Completed on: 2008-02-07 | David Mostyn Pritchard |
| 2007-11-21 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2007-11-19 | Notice of appeal, Completed on: 2007-11-19 | David Mostyn Pritchard |
| 2007-10-26 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2007-10-26 | Judgment on leave sent to the parties | |
| 2007-10-25 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Court of Appeal for British Columbia (Vancouver), Number CA030487, 2007 BCCA 82, dated February 8, 2007, is granted. Granted, no order as to costs |
|
| 2007-07-16 | All materials on application for leave submitted to the Judges, CJ Cha Ro | |
| 2007-07-05 | Applicant's reply to respondent's argument, Completed on: 2007-07-05 | David Mostyn Pritchard |
| 2007-06-26 | Order on motion to extend time | |
| 2007-06-26 |
Decision on motion to extend time, to serve and file the respondent's response to June 26/07, DeRg Granted |
|
| 2007-06-26 | Submission of motion to extend time, DeRg | |
| 2007-06-26 | Response to motion to extend time, (Letter Form), from R. Holloway dated June 20, 2007 (included with motion), Completed on: 2007-06-26 | David Mostyn Pritchard |
| 2007-06-26 | Motion to extend time, to file the response to June 26, 2007, Completed on: 2007-06-26 | Her Majesty The Queen |
| 2007-06-26 | Respondent's response on the application for leave to appeal, Completed on: 2007-06-26 | Her Majesty The Queen |
| 2007-05-17 | Correspondence received from, Burke-Robertson dated May 17/07 re: response will be filed late (by June 26/07) with motion to extend time (by e-mail) | Her Majesty The Queen |
| 2007-04-11 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2007-04-10 | Application for leave to appeal, Completed on: 2007-04-10 | David Mostyn Pritchard |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| Pritchard, David Mostyn | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty The Queen | Respondent | Active |
Counsel
Party: Pritchard, David Mostyn
Counsel
Richard C. Gibbs, Q.C.
400-510 Burrard Street
Vancouver, British Columbia
V6C 3A8
Telephone: (604) 601-6078
FAX: (604) 682-0956
Email: rod.holloway@legalaid.bc.ca
Agent
2600 - 160 Elgin St
Box 466 Station D
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 563-9869
Email: brian.crane@gowlingwlg.com
Party: Her Majesty The Queen
Counsel
Trevor Shaw
6th Floor, 865 Hornby Street
Vancouver, British Columbia
V6Z 2G3
Telephone: (604) 660-1126
FAX: (604) 660-1133
Email: kate.ker@gems5.gov.bc.ca
Agent
70 Gloucester Street
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com
Summary
Keywords
None.
Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
Criminal law - Offences - Elements of offence - Classification of death as first degree murder irrespective of planning and deliberation if death caused while committing robbery - Meaning of forcible confinement in s. 231(5)(e) of the Criminal Code - Whether trial judge instructed the jury correctly on forcible confinement for the purposes of s. 231(5)(e) of the Criminal Code - Whether confinement alleged to have occurred in course of a robbery constitutes forcible confinement for the purpose of classifying a death as first degree murder under s. 231(5)(e).
The Appellant was tried before a jury for the murder of Pirkko Skolos. The Crown argued that the Appellant killed Skolos while robbing a large quantity of marijuana. The Crown sought a conviction for first degree murder. The trial judge held that there was not enough evidence of planning and deliberation to direct a verdict on first degree murder but a jury might find that Skolos’ death was first degree murder under s. 231(5)(e) because it was caused by the Appellant while he was committing forcible confinement. The Appellant was convicted of first degree murder. On appeal, the Court of Appeal dismissed the appeal.
Lower court rulings
Supreme Court of British Columbia
C9998-2
see file / voir dossier
Court of Appeal for British Columbia (Vancouver)
2007-BCCA-82,CA030487
see file / voir dossier
Filed documents
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.
Downloadable PDFs
Not available
Related links
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
Downloadable PDFs
Not available
Related links
The condensed books of the appellant, the respondent and the intervener will be posted here upon receipt of the electronic version, 2 days prior to the scheduled appeal hearing. You may also obtain copies of condensed books by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a condensed book or want permission to use a condensed book, please contact the author of the condensed book directly. Their contact information appears on the first page of each condensed book.
Downloadable PDFs
Not available