R. v. Summers

R. v. Summers

On the totality of the circumstantial evidence — the route of escape from the house to the arrest location, items and DNA linking co-accused to the house, the accused's fingerprints on the vehicle used to reach the house, his presence hiding in bushes with mud and sweat at the arrest location, and cash on his person...

Source-derived case information.

Citation
2013 BCSC 1335
Parties
Crown: Regina; Accused: Glenn Joseph Young; Accused: John Lewis Roy Summers; Accused: Scott Shefton Warner
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
26 July 2013
Procedural Posture
Criminal / Reasons for Judgment (conviction)
Outcome
Convicted: Counts 1, 3, 4, 5; Convicted of lesser included offence robbery (s.343) on Count 2; Acquitted: Count 6
Legal Topics
Identity, Circumstantial Evidence, Party Liability (s.21 Criminal Code), Robbery, Break and Enter, Assault, Unlawful Confinement
Source Language
english
Criminal Law Evidence Forensic Science Identity Circumstantial Evidence Party Liability (s.21 Criminal Code) Robbery Break and Enter +2 more

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Authorities cited 5 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Regina

Crown

Glenn Joseph Young

Accused

John Lewis Roy Summers

Accused

Scott Shefton Warner

Accused

Procedural Posture

Criminal / Reasons for Judgment (conviction)

Legal Issues

  1. 1 Whether the accused was one of the intruders who committed the home invasion
  2. 2 Whether circumstantial evidence established guilt beyond a reasonable doubt
  3. 3 Whether the accused could be convicted as a party under s.21 of the Criminal Code

Ratio Decidendi

On the totality of the circumstantial evidence — the route of escape from the house to the arrest location, items and DNA linking co-accused to the house, the accused's fingerprints on the vehicle used to reach the house, his presence hiding in bushes with mud and sweat at the arrest location, and cash on his person — the only reasonable inference is that the accused participated in the break and entry and related offences and is guilty as a party; accordingly Summers is guilty of Counts 1,3,4,5 and guilty of the lesser included offence of robbery under s.343 on Count 2 and acquitted on Count 6.

Court Disposition

Convicted: Counts 1, 3, 4, 5; Convicted of lesser included offence robbery (s.343) on Count 2; Acquitted: Count 6

Orders

  • Accused John Lewis Roy Summers found guilty of Break and Enter (Count 1)
  • Accused John Lewis Roy Summers found guilty of Robbery (lesser included offence under s.343) (Count 2)