Case information
Conduct a refined search of the Supreme Court of Canada database to obtain details on the status of a matter before the Court.
41338
Andrew James Seangio v. His Majesty the King
(British Columbia) (Criminal) (By Leave)
(Publication ban in case)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
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
v.
Counsel
Party: Seangio, Andrew James
Counsel
Robyn Young
René Allain
500 - 815 Hornby Street
Vancouver, British Columbia
V6Z 2E6
Telephone: (604) 669-6711
FAX: (604) 669-5180
Email: glen@orrislawcorp.com
Party: His Majesty the King
Counsel
Leslie Fillingham
Criminal Appeals and Special Prosecutions
600 - 865 Hornby Street, 6th Floor
Vancouver, British Columbia
V6Z 2G3
Telephone: (604) 660-1135
FAX: (604) 669-1133
Email: susanne.elliott@gov.bc.ca
Summary
Keywords
Criminal law — Charge to jury — Exposure — Mens rea — Accused’s interest in outcome of trial — W.(D.) instructions — What is the proper interpretation of s. 173(2) of the Criminal Code with specific reference to the mens rea criteria that the Crown is required to prove regarding the proof of age — Whether a general instruction on witnesses’ interests in outcome of trial is reversible error when the only witness for the defence is the accused and credibility of Crown witnesses is not the main triable issue — Whether a W.(D.) instruction is required in all cases where the accused gives evidence in a criminal trial?
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.
(PUBLICATION BAN IN CASE)
Four teenaged female complainants testified that a black SUV pulled up beside them as they were walking in a neighbourhood. The driver was masturbating and briefly exposed his penis before driving away. Two undercover officers testified to similar conduct involving Mr. Seangio’s vehicle. Mr. Seangio testified and denied he was the perpetrator. A jury found Mr. Seangio guilty on seven counts of wilfully committing an indecent act and three counts of indecent exposure. The Court of Appeal dismissed an appeal.
Lower court rulings
Supreme Court of British Columbia
Convictions by jury on seven counts of committing an indecent act and three counts of indecent exposure
Appeal dismissed
Memorandums of argument on application for leave to appeal
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 filing 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
Factums on appeal
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
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2024-10-18 | Close file on Leave | |
| 2024-10-17 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2024-10-17 | Judgment on leave sent to the parties | |
| 2024-10-17 |
Judgment of the Court on the application for leave to appeal, The motion for an extension of time to serve and file the reply is granted. The application for leave to appeal from the judgment of the Court of Appeal for British Columbia (Vancouver), Number CA48655, 2024 BCCA 143, dated April 18, 2024, is dismissed. Dismissed |
|
| 2024-10-17 |
Decision on motion to extend time, See on judgement Granted |
|
| 2024-09-16 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2024-09-16 | Submission of motion to extend time, for consideration by the Court | |
| 2024-09-13 | Certificate (on limitations to public access), Form 23B, (Printed version filed on 2024-09-19) | Andrew James Seangio |
| 2024-09-13 | Motion to extend time, (Book Form), to file and serve the reply, Completed on: 2024-09-16, (Printed version filed on 2024-09-16) | Andrew James Seangio |
| 2024-09-13 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2024-09-20, (Printed version due on 2024-09-20) | Andrew James Seangio |
| 2024-09-12 | Response to motion to extend time, (Letter Form), Completed on: 2024-09-12, (Printed version due on 2024-09-19) | His Majesty the King |
| 2024-09-12 | Notice of change of solicitor, (Letter Form) | His Majesty the King |
| 2024-08-14 | Certificate (on limitations to public access), (Letter Form), Form 23B, (Printed version filed on 2024-08-15) | His Majesty the King |
| 2024-08-14 | Certificate (on limitations to public access), (Letter Form), Form 23A, (Printed version filed on 2024-08-15) | His Majesty the King |
| 2024-08-14 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2024-08-15, (Printed version filed on 2024-08-15) | His Majesty the King |
| 2024-06-19 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2024-06-17 | Certificate (on limitations to public access), 23B , (Printed version filed on 2024-06-19) | Andrew James Seangio |
| 2024-06-17 | Certificate (on limitations to public access), 23A, (Printed version filed on 2024-06-19) | Andrew James Seangio |
| 2024-06-17 | Application for leave to appeal, (Book Form), Completed on: 2024-06-17, (Printed version filed on 2024-06-19) | Andrew James Seangio |
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 |
|---|---|---|
| Seangio, Andrew James | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| His Majesty the King | Respondent | Active |
Counsel
Party: Seangio, Andrew James
Counsel
Robyn Young
René Allain
500 - 815 Hornby Street
Vancouver, British Columbia
V6Z 2E6
Telephone: (604) 669-6711
FAX: (604) 669-5180
Email: glen@orrislawcorp.com
Party: His Majesty the King
Counsel
Leslie Fillingham
Criminal Appeals and Special Prosecutions
600 - 865 Hornby Street, 6th Floor
Vancouver, British Columbia
V6Z 2G3
Telephone: (604) 660-1135
FAX: (604) 669-1133
Email: susanne.elliott@gov.bc.ca
Summary
Keywords
Criminal law — Charge to jury — Exposure — Mens rea — Accused’s interest in outcome of trial — W.(D.) instructions — What is the proper interpretation of s. 173(2) of the Criminal Code with specific reference to the mens rea criteria that the Crown is required to prove regarding the proof of age — Whether a general instruction on witnesses’ interests in outcome of trial is reversible error when the only witness for the defence is the accused and credibility of Crown witnesses is not the main triable issue — Whether a W.(D.) instruction is required in all cases where the accused gives evidence in a criminal trial?
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.
(PUBLICATION BAN IN CASE)
Four teenaged female complainants testified that a black SUV pulled up beside them as they were walking in a neighbourhood. The driver was masturbating and briefly exposed his penis before driving away. Two undercover officers testified to similar conduct involving Mr. Seangio’s vehicle. Mr. Seangio testified and denied he was the perpetrator. A jury found Mr. Seangio guilty on seven counts of wilfully committing an indecent act and three counts of indecent exposure. The Court of Appeal dismissed an appeal.
Lower court rulings
Supreme Court of British Columbia
Convictions by jury on seven counts of committing an indecent act and three counts of indecent exposure
Appeal dismissed
Memorandums of argument on application for leave to appeal
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 filing 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
Factums on appeal
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