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Digest of the Week | DNA Orders

Stay of DNA Order Pending Appeal

R. v. Kaplan | 2018 BCCA 31 | British Columbia Court of Appeal

Criminal law --- Sentencing procedure and principles — Types of sentence — Order for bodily substances for forensic DNA analysis

Accused convicted of aggravated assault — Accused sentenced to eight months' imprisonment and DNA sample ordered — Accused appealed regarding DNA sample only — Appeal dismissed — Court did not have jurisdiction to overturn findings regarding DNA — DNA order is not type of ancillary or incidental order that Court is empowered to make under Court of Appeal Act, which is provincial statute that cannot confer substantive jurisdiction on Court or on single justice in criminal matters.
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