R v Pratten (No 7)

HIS HONOUR: I have before me an issue as to the admissibility of a document being six pages, the last page of which is said to be received with the application and is a photocopy of the driver's licence and opening pages of the passport of Mr Pratten, and the other pages of which are five pages of a six page form relating to the transition of registration of aircraft pursuant to a change in the regulatory scheme that applied to the registration of aircraft.

Objection is taken on the basis of the incompleteness of the form, namely, the absence from the form of page 5 of 12. Evidence has been adduced by the Crown in relation to what the 12 pages are. Exhibit N on the voir dire is an uncompleted example of the pro forma document which has been completed and forms Exhibit M. Pages 7 to 12 are an explanatory note as to the completion of the form. Page 5 is, and I draw this from page 5 of 12 in exhibit M, a section dealing with the statement to be made by the nominated registered operator. It seems to me that the absence of page 5 does not alter the relevance of the document as a whole, nor does it render the document as sought to be admitted, namely Exhibit M on the voir dire, misleading or deceptive and I reject the objection on that basis.

However, it seems to me page 8 of 12 is in a different category and if Exhibit M is sought to be tendered it seems to me it would need to be tendered with page 8 of 12 in order for it not to be misleading or deceptive or unfairly prejudicial. That means I reject the tender of Exhibit M in its current form but indicate I will allow it if page 8 of 12 were attached to it.

I have marked those separately. That is the ruling I have made. As a consequence of that indication from the Crown I rule Exhibits M and N on the voir dire will together be admissible in the proceedings.