R. v. Martin

R. v. Martin

The identification evidence was inherently frail and unreliable: officers' recognitions were unsupported by distinguishing features, the security videotape and stills were of poor quality, formal identification procedures were not used and the only eyewitness did not view the exhibits; consequently the Crown failed to prove the accused's identity as the robber beyond a reasonable doubt and the accused must be acquitted.

Citation
2005 NSPC 32
Parties
Prosecution: Her Majesty the Queen; Accused: Dean Victor Martin
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
15 July 2005
Procedural Posture
Criminal Robbery / Trial Decision (acquittal)
Outcome
Acquitted on all counts
Legal Topics
Eyewitness Identification, Videotape Evidence, Police Identification Procedures, Burden of Proof
Source Language
English
Criminal Law Evidence Law Eyewitness Identification Videotape Evidence Police Identification Procedures Burden of Proof

Case Brief

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Parties

Her Majesty the Queen

Prosecution

Dean Victor Martin

Accused

Procedural Posture

Criminal Robbery / Trial Decision (acquittal)

Legal Issues

  1. 1 Reliability of identification evidence
  2. 2 Admissibility and probative value of security videotape and still photographs
  3. 3 Use and omission of formal identification protocols (photographic/physical lineups)

Ratio Decidendi

The identification evidence was inherently frail and unreliable: officers' recognitions were unsupported by distinguishing features, the security videotape and stills were of poor quality, formal identification procedures were not used and the only eyewitness did not view the exhibits; consequently the Crown failed to prove the accused's identity as the robber beyond a reasonable doubt and the accused must be acquitted.

Court Disposition

Acquitted on all counts

Orders

  • Acquittal entered on the record