R. v. Thompson

R. v. Thompson

Identification evidence was unreliable due to poor lighting, brief observation and obstruction; uncontradicted defence evidence (including Wulf’s guilty plea and testimony that he alone entered the porch) constituted evidence to the contrary that may reasonably be true and rebutted the s.348(2)(a) presumption; on all the evidence the Crown did not prove intent beyond a reasonable doubt, therefore the accused must be acquitted.

Citation
2009 NSPC 51
Parties
Crown: Her Majesty the Queen; Accused: Lonnie Leon Thompson
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
6 October 2009
Procedural Posture
Criminal Break and Enter With Intent / Trial Decision (acquittal)
Outcome
Acquitted of charge under s.348(1)(a) Criminal Code
Legal Topics
Break and Enter, Section 348(1)(a) Criminal Code, Section 348(2)(a) Presumption of Intent, Eyewitness Identification, Post‑offence Conduct (flight), Burden and Standard of Proof
Source Language
English
Criminal Law Evidence Law Property Offences Break and Enter Section 348(1)(a) Criminal Code Section 348(2)(a) Presumption of Intent Eyewitness Identification Post‑offence Conduct (flight) +1 more

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Parties

Her Majesty the Queen

Crown

Lonnie Leon Thompson

Accused

Procedural Posture

Criminal Break and Enter With Intent / Trial Decision (acquittal)

Legal Issues

  1. 1 Was the accused the person who entered the dwelling?
  2. 2 Did the Crown prove intent to commit an indictable offence beyond a reasonable doubt?
  3. 3 Did defence evidence rebut the statutory presumption in s.348(2)(a)?

Ratio Decidendi

Identification evidence was unreliable due to poor lighting, brief observation and obstruction; uncontradicted defence evidence (including Wulf’s guilty plea and testimony that he alone entered the porch) constituted evidence to the contrary that may reasonably be true and rebutted the s.348(2)(a) presumption; on all the evidence the Crown did not prove intent beyond a reasonable doubt, therefore the accused must be acquitted.

Court Disposition

Acquitted of charge under s.348(1)(a) Criminal Code

Orders

  • Accused Lonnie Leon Thompson is acquitted of the charge of break and enter with intent contrary to s.348(1)(a) of the Criminal Code.