R. v. Grantmyre

R. v. Grantmyre

The court concluded the police were not unacceptably negligent in failing to obtain the entry surveillance video, the zoomed stills and the attack video were sufficiently probative that any lost footage did not cause actual prejudice to the accused's ability to make full answer and defence, the Charter s.7 application therefore failed, and on the merits the Crown had not proven identification of the assailant beyond a reasonable doubt so the accused was acquitted.

Citation
2021 NSPC 61
Parties
Prosecution: Her Majesty the Queen; Accused: Colton Grantmyre
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
12 November 2021
Procedural Posture
Criminal / Trial Decision
Outcome
Accused found not guilty on all charges; Charter application dismissed
Legal Topics
Attempted Murder, Assault, Possession of Weapon, Disclosure Obligations, Charter S7, Remedies Under S24, Lost Evidence, Identification/recognition Evidence, Video Surveillance Evidence
Source Language
English
Criminal Law Constitutional Law Evidence Law Attempted Murder Assault Possession of Weapon Disclosure Obligations Charter S7 +4 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 5 Authorities cited 18 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Her Majesty the Queen

Prosecution

Colton Grantmyre

Accused

Procedural Posture

Criminal / Trial Decision

Legal Issues

  1. 1 Whether police were under a duty and were unacceptably negligent in preserving additional surveillance video leading to a section 7 Charter breach
  2. 2 Whether a remedy under s.24(1) (stay) or s.24(2) (exclusion) of the Charter was warranted
  3. 3 Whether the Crown proved identity of the assailant beyond a reasonable doubt

Ratio Decidendi

The court concluded the police were not unacceptably negligent in failing to obtain the entry surveillance video, the zoomed stills and the attack video were sufficiently probative that any lost footage did not cause actual prejudice to the accused's ability to make full answer and defence, the Charter s.7 application therefore failed, and on the merits the Crown had not proven identification of the assailant beyond a reasonable doubt so the accused was acquitted.

Court Disposition

Accused found not guilty on all charges; Charter application dismissed

Orders

  • Charter application dismissed
  • Accused found not guilty on all charges