Sa Majesté la Reine c. Paiement

Sa Majesté la Reine c. Paiement

The trial judge accepted the eyewitness identification as reliable and sufficient beyond a reasonable doubt because the photographic lineup was properly prepared, the witness made a confident and consistent in‑court identification, and the surveillance video corroborated key aspects of her account; those facts established that the intruder assaulted or threatened the complainant with a knife with intent to steal, satisfying s.343(c), and the accused was therefore found guilty.

Citation
2011 BCSC 105
Parties
Pursuer/crown: Sa Majesté la Reine; Accused/defendant: Denis Paiement; Amicus Curiae: P.H. Edelmann
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
17 January 2011
Procedural Posture
Criminal Armed Robbery (s.343(c) Criminal Code) / Trial (judge Alone); Conviction Reasons Delivered Orally
Outcome
Guilty conviction for armed robbery contrary to s.343(c) Criminal Code
Legal Topics
Armed Robbery (s.343(c) Criminal Code), Eyewitness Identification, Photographic Lineup Procedure, Video Surveillance Corroboration, Burden of Proof
Source Language
English
Criminal Law Evidence Law Armed Robbery (s.343(c) Criminal Code) Eyewitness Identification Photographic Lineup Procedure Video Surveillance Corroboration Burden of Proof

Case Brief

Summary, issues, holding and outcome

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Parties

Sa Majesté la Reine

Pursuer/crown

Denis Paiement

Accused/defendant

P.H. Edelmann

Amicus Curiae

Procedural Posture

Criminal Armed Robbery (s.343(c) Criminal Code) / Trial (judge Alone); Conviction Reasons Delivered Orally

Legal Issues

  1. 1 Whether the accused was the person who entered the pharmacy on 3 September 2009
  2. 2 Whether the eyewitness identification was reliable and sufficient to prove identity beyond reasonable doubt
  3. 3 Whether the elements of s.343(c) (assault/force with intent to steal) were made out

Ratio Decidendi

The trial judge accepted the eyewitness identification as reliable and sufficient beyond a reasonable doubt because the photographic lineup was properly prepared, the witness made a confident and consistent in‑court identification, and the surveillance video corroborated key aspects of her account; those facts established that the intruder assaulted or threatened the complainant with a knife with intent to steal, satisfying s.343(c), and the accused was therefore found guilty.

Court Disposition

Guilty conviction for armed robbery contrary to s.343(c) Criminal Code

Orders

  • Accused found guilty of robbery with violence contrary to s.343(c) Criminal Code.