R. v. Spencer

R. v. Spencer

The court held the accused's confession was voluntary and admissible and, given its internal and external consistency with admissions and other evidence, it could be given full weight; the word "at" in s.244(c) of the Criminal Code means "towards/in the direction of" (not limited to "directly at"); similar fact evidence may be used on a cumulative basis to establish identity where the degree of similarity makes coincidence unlikely, permitting convictions on multiple counts even absent the confession in specified instances.

Citation
2003 BCSC 805
Parties
Crown: Regina (Crown); Accused: Brandon Shane Spencer
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
22 May 2003
Procedural Posture
Criminal Indictment for Multiple Robberies and Firearm Offences / Trial Judgment
Outcome
Judgment: confession admitted; accused convicted on the vast majority of counts; stays entered on five counts; one count acquitted
Legal Topics
Robbery, Confession Admissibility, Section 244 Criminal Code (discharge Firearm), Similar Fact Evidence (identity), Derivative Evidence, Voir Dire
Source Language
English
Criminal Law Evidence Firearms Law Procedural Law Robbery Confession Admissibility Section 244 Criminal Code (discharge Firearm) Similar Fact Evidence (identity) +2 more

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Parties

Regina (Crown)

Crown

Brandon Shane Spencer

Accused

Procedural Posture

Criminal Indictment for Multiple Robberies and Firearm Offences / Trial Judgment

Legal Issues

  1. 1 Whether the accused's confession was voluntary and admissible
  2. 2 Whether the Crown proved guilt beyond a reasonable doubt with and without the confession
  3. 3 Proper statutory interpretation of the word "at" in s.244(c) of the Criminal Code

Ratio Decidendi

The court held the accused's confession was voluntary and admissible and, given its internal and external consistency with admissions and other evidence, it could be given full weight; the word "at" in s.244(c) of the Criminal Code means "towards/in the direction of" (not limited to "directly at"); similar fact evidence may be used on a cumulative basis to establish identity where the degree of similarity makes coincidence unlikely, permitting convictions on multiple counts even absent the confession in specified instances.

Court Disposition

Judgment: confession admitted; accused convicted on the vast majority of counts; stays entered on five counts; one count acquitted

Orders

  • Convicted on counts 2-5,8-14,16-25,26-40,41-50,51-59 (except 58 stayed),60-63,64-68,69 acquitted,70,71-80,81-98 and Count 9 (total convictions 92)
  • Not guilty on Count 69