R. v. O'Brien

The DNA profile from biological material on the mask matched the accused’s known sample and, combined with sufficient circumstantial evidence linking the blue mask to the robbery and a proven chain of custody, the Crown proved the accused’s identity and commission of the robbery and related offences beyond a reasonable doubt.

Citation: 2009 NSSC 194
Parties: Crown: Her Majesty the Queen; Accused: Marty David O’Brien
Court: Supreme Court of Nova Scotia
Jurisdiction: Canada
Judgment Date: 9 April 2009
Procedural Posture: Criminal / Trial Judgment (conviction)
Outcome: Accused found guilty on all three counts (robbery, masked with intent, possession of a weapon for the purpose of an offence)
Legal Topics: Robbery, Identification Evidence, DNA Evidence, Chain of Custody, Expert Opinion
Source Language: English

Criminal Law Evidence Forensic DNA Robbery Identification Evidence DNA Evidence Chain of Custody Expert Opinion

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Full judgment text Legal principles 4 Authorities cited 9 Party arguments 2 Amounts and remedies 1

Parties

Her Majesty the Queen

Crown

Marty David O’Brien

Accused

Procedural Posture

Criminal / Trial Judgment (conviction)

Legal Issues

1 Identity of the robber
2 Admissibility and weight of DNA evidence
3 Continuity/chain of custody of exhibits

Ratio Decidendi

Court Disposition

Accused found guilty on all three counts (robbery, masked with intent, possession of a weapon for the purpose of an offence)

Orders

Accused found guilty on all three counts in the indictment dated January 30, 2009