HMTQ v. Savoy
The victim's voice identification, unsupported by distinctive vocal characteristics or reliable corroborative physical evidence and rendered uncertain by the close resemblance between the accused and his brother, did not prove identity beyond a reasonable doubt; conviction would be unsafe.
- Citation
- 2000 BCSC 296
- Parties
- Crown: Her Majesty the Queen; Accused: Richard Lee Savoy
- Court
- Supreme Court of British Columbia
- Jurisdiction
- Canada
- Judgment Date
- 30 March 2000
- Procedural Posture
- Criminal / Trial Judgment
- Outcome
- Not guilty
- Legal Topics
- Robbery, Identification Evidence, Voice Identification, Search and Seizure, Proof Beyond Reasonable Doubt
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Her Majesty the Queen
Crown
Richard Lee Savoy
Accused
Procedural Posture
Criminal / Trial Judgment
Legal Issues
- 1 Whether the accused committed the robbery
- 2 Whether the victim's voice identification is reliable and sufficient to establish identity beyond reasonable doubt
- 3 Whether physical items seized corroborate the identification
Ratio Decidendi
The victim's voice identification, unsupported by distinctive vocal characteristics or reliable corroborative physical evidence and rendered uncertain by the close resemblance between the accused and his brother, did not prove identity beyond a reasonable doubt; conviction would be unsafe.
Court Disposition
Not guilty
Orders
- Accused found not guilty on the charges (robbery and disguising with intent to commit an indictable offence)
Full Case Text
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