R. v. Elliott

R. v. Elliott

The court found beyond a reasonable doubt that the accused committed attempted robbery because he took all necessary steps in his control to complete the robbery (delivery of a demand note threatening shooting, presentation of a bag for stolen goods, insistence on compliance, and showing an object resembling a gun and a knife), satisfying the proximity test for attempt under Deutsch; however, the Crown failed to prove beyond a reasonable doubt that the accused pointed an object at Ms. McKendrick with intent to threaten, so the uttering-threats charge was not proved.

Citation
2010 BCSC 862
Parties
Crown: Regina; Accused: Jody Dean Elliott
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
16 April 2010
Procedural Posture
Criminal Attempted Robbery and Uttering Threats / Trial Judgment (oral Reasons)
Outcome
Guilty on count 1 (attempted robbery with an imitation firearm and a knife); Not guilty on count 2 (uttering a threat)
Legal Topics
Attempted Robbery, Uttering Threats, Preparation Versus Attempt, Identification Evidence, Imitation Firearm, Abandonment
Source Language
English
Criminal Law Evidence Attempted Robbery Uttering Threats Preparation Versus Attempt Identification Evidence Imitation Firearm Abandonment

Case Brief

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Parties

Regina

Crown

Jody Dean Elliott

Accused

Procedural Posture

Criminal Attempted Robbery and Uttering Threats / Trial Judgment (oral Reasons)

Legal Issues

  1. 1 Whether the accused completed the actus reus for attempted robbery or abandoned the attempt
  2. 2 Whether an imitation firearm was used to facilitate the attempted robbery
  3. 3 Whether the accused uttered a threat to Ms. McKendrick by pointing an object resembling a gun

Ratio Decidendi

The court found beyond a reasonable doubt that the accused committed attempted robbery because he took all necessary steps in his control to complete the robbery (delivery of a demand note threatening shooting, presentation of a bag for stolen goods, insistence on compliance, and showing an object resembling a gun and a knife), satisfying the proximity test for attempt under Deutsch; however, the Crown failed to prove beyond a reasonable doubt that the accused pointed an object at Ms. McKendrick with intent to threaten, so the uttering-threats charge was not proved.

Court Disposition

Guilty on count 1 (attempted robbery with an imitation firearm and a knife); Not guilty on count 2 (uttering a threat)

Orders

  • Convicted of attempted robbery contrary to Criminal Code ss. 343 and 344(1)(b), use of an imitation firearm and a knife
  • Acquitted of uttering a threat contrary to Criminal Code s. 264.1(1)