R. v. Payne, Garfield and McConnell

R. v. Payne, Garfield and McConnell

Court accepted that corroborative physical and digital evidence and consistent witness testimony established beyond reasonable doubt that Payne committed the offences in Counts 1 and 2 and that Payne and Garfield aided Pierini in the extortion in Count 4; court found Garfield committed extortion in Count 3 based on video evidence linked to him and witness corroboration; court acquitted on obstruction counts where evidence was vague and did not meet the required specificity.

Citation
2006 BCSC 1360
Parties
Crown: Regina; Accused: Scott Brian Payne; Accused: Matthew Jordan Garfield; Accused: Lorne Glen McConnell
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
12 July 2006
Procedural Posture
Criminal / Trial Judgment (oral Reasons for Judgment)
Outcome
Findings: Scott Brian Payne guilty on Counts 1, 2 and 4; Matthew Jordan Garfield guilty on Counts 3 and 4 and not guilty on Count 6; Lorne Glen McConnell not guilty on Count 5.
Legal Topics
Extortion, Aggravated Assault, Obstruction of Justice (witness Tampering), Accessory Liability (party to Offence S.21), Witness Credibility
Source Language
English
Criminal Law Evidence Organized Crime Procedure Extortion Aggravated Assault Obstruction of Justice (witness Tampering) Accessory Liability (party to Offence S.21) +1 more

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Parties

Regina

Crown

Scott Brian Payne

Accused

Matthew Jordan Garfield

Accused

Lorne Glen McConnell

Accused

Procedural Posture

Criminal / Trial Judgment (oral Reasons for Judgment)

Legal Issues

  1. 1 Whether Crown proved extortion and aggravated assault beyond reasonable doubt on charged counts
  2. 2 Whether accused were parties to offences under s.21(1) Criminal Code
  3. 3 Whether evidence established obstruction/witness tampering contrary to s.139(2) Criminal Code

Ratio Decidendi

Court accepted that corroborative physical and digital evidence and consistent witness testimony established beyond reasonable doubt that Payne committed the offences in Counts 1 and 2 and that Payne and Garfield aided Pierini in the extortion in Count 4; court found Garfield committed extortion in Count 3 based on video evidence linked to him and witness corroboration; court acquitted on obstruction counts where evidence was vague and did not meet the required specificity.

Court Disposition

Findings: Scott Brian Payne guilty on Counts 1, 2 and 4; Matthew Jordan Garfield guilty on Counts 3 and 4 and not guilty on Count 6; Lorne Glen McConnell not guilty on Count 5.

Orders

  • Convictions recorded: Scott Brian Payne on Counts 1, 2 and 4.
  • Convictions recorded: Matthew Jordan Garfield on Counts 3 and 4.