R. v. Armstrong and Chaffey

R. v. Armstrong and Chaffey

The judge found that, on the facts, the cumulative circumstantial evidence (possession of items matching the robbery, proximity in time and place, flight and conduct) together with identification of striking resemblance satisfied the Crown's burden as to Chaffey for Counts 1 and 2 and unlawful possession of cocaine (Count 9), whereas Armstrong's consistent exculpatory statements and equivocal evidence about his prior knowledge prevented convictions on most joint counts; Armstrong was convicted on the conceded Count 11 and on Count 5 (failing to stop to evade police).

Citation
2005 BCSC 1920
Parties
Crown: Regina; Accused: Bruce Alexander Armstrong; Accused: Ryan James Chaffey
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
19 May 2005
Procedural Posture
Criminal / Trial Judgment (oral Reasons)
Outcome
Verdicts delivered: Ryan James Chaffey convicted of Counts 1 (robbery of Oelker), 2 (robbery of Campbell) and 9 (unlawful possession of cocaine); acquitted on Counts 3,4,10,11 and other counts as set out. Bruce Alexander Armstrong convicted on Count 5 (failing to stop to evade police) and Count 11 (possession of...
Legal Topics
Robbery, Theft, Identification Evidence, Circumstantial Evidence, Accessory After the Fact, Possession of Stolen Property, Unlawful Possession of Narcotics, Failure to Stop/evasion, Dangerous Driving, Kienapple (double Jeopardy)
Source Language
English
Criminal Law Evidence Property Offences Traffic Offences Drug Offences Robbery Theft Identification Evidence +7 more

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Parties

Regina

Crown

Bruce Alexander Armstrong

Accused

Ryan James Chaffey

Accused

Procedural Posture

Criminal / Trial Judgment (oral Reasons)

Legal Issues

  1. 1 Reliability of eyewitness identification and photo lineup procedures
  2. 2 Weight and sufficiency of circumstantial evidence to prove robbery and theft
  3. 3 Whether Armstrong had knowledge or participated in co-accused's offences

Ratio Decidendi

The judge found that, on the facts, the cumulative circumstantial evidence (possession of items matching the robbery, proximity in time and place, flight and conduct) together with identification of striking resemblance satisfied the Crown's burden as to Chaffey for Counts 1 and 2 and unlawful possession of cocaine (Count 9), whereas Armstrong's consistent exculpatory statements and equivocal evidence about his prior knowledge prevented convictions on most joint counts; Armstrong was convicted on the conceded Count 11 and on Count 5 (failing to stop to evade police).

Court Disposition

Verdicts delivered: Ryan James Chaffey convicted of Counts 1 (robbery of Oelker), 2 (robbery of Campbell) and 9 (unlawful possession of cocaine); acquitted on Counts 3,4,10,11 and other counts as set out. Bruce Alexander Armstrong convicted on Count 5 (failing to stop to evade police) and Count 11 (possession of...

Orders

  • Convicted: Ryan James Chaffey on Counts 1 and 2 (robbery) and Count 9 (unlawful possession of cocaine).
  • Acquitted: Ryan James Chaffey on Counts 3,4,10 and 11 and other counts as indicated in reasons.