R. v. Matthews

R. v. Matthews

The Crown proved identity and each element beyond a reasonable doubt because multiple police officers who were familiar with the accused observed distinctive features (blond highlights and a limp), had adequate opportunity and location to observe, and their evidence was consistent; the defence evidence (including Trimm) was rejected as unreliable and did not raise a reasonable doubt, therefore the accused was convicted on all charges.

Citation
2014 NSPC 84
Parties
Crown: Her Majesty the Queen; Accused: William Kenneth Charles Matthews
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
21 July 2014
Procedural Posture
Criminal / Decision on Trial
Outcome
Accused convicted of all charges
Legal Topics
Dangerous Operation of a Motor Vehicle, Flight From Police, Driving While Disqualified/revoked License, Eyewitness Identification, Credibility Assessment
Source Language
English
Criminal Law Motor Vehicle Regulation Evidence Dangerous Operation of a Motor Vehicle Flight From Police Driving While Disqualified/revoked License Eyewitness Identification Credibility Assessment

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Parties

Her Majesty the Queen

Crown

William Kenneth Charles Matthews

Accused

Procedural Posture

Criminal / Decision on Trial

Legal Issues

  1. 1 Whether the accused was the driver of the motorcycle observed by police
  2. 2 Whether the accused operated the vehicle in a manner dangerous to the public contrary to s.249(1) Criminal Code
  3. 3 Whether the accused failed to stop to evade a peace officer contrary to s.249.1(2) Criminal Code

Ratio Decidendi

The Crown proved identity and each element beyond a reasonable doubt because multiple police officers who were familiar with the accused observed distinctive features (blond highlights and a limp), had adequate opportunity and location to observe, and their evidence was consistent; the defence evidence (including Trimm) was rejected as unreliable and did not raise a reasonable doubt, therefore the accused was convicted on all charges.

Court Disposition

Accused convicted of all charges

Orders

  • Convicted of Section 249(1) Criminal Code - dangerous operation of a motor vehicle
  • Convicted of Section 249.1(2) Criminal Code - failure to stop to evade peace officer