R. v. Wingfield

R. v. Wingfield

Alibi evidence was not credible; independent witness Harrison credibly placed the accused leaving her home dressed as the taller robber; DNA from a glove found at the scene matched the accused with an extremely low random-match probability and items seized from the accused's vehicle matched clothing/gloves described at the scene — taken together the circumstantial and forensic evidence established identity beyond a reasonable doubt, warranting conviction on all counts.

Citation
2013 NSSC 73
Parties
Crown/prosecution: Her Majesty the Queen; Accused/defendant: Kenneth Bertram Wingfield
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
27 February 2013
Procedural Posture
Criminal (robbery) / Trial — Verdict (guilty)
Outcome
Guilty on all counts of the indictment
Legal Topics
Robbery, Masked Face Offence (s.351(2)), Breach of Recognizance (s.145(3)), Alibi, DNA Evidence, Circumstantial Evidence, Witness Credibility
Source Language
English
Criminal Law Evidence Forensic DNA Procedure Robbery Masked Face Offence (s.351(2)) Breach of Recognizance (s.145(3)) Alibi +3 more

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Parties

Her Majesty the Queen

Crown/prosecution

Kenneth Bertram Wingfield

Accused/defendant

Procedural Posture

Criminal (robbery) / Trial — Verdict (guilty)

Legal Issues

  1. 1 Identity of the robber
  2. 2 Weight and probative value of DNA evidence
  3. 3 Credibility of accused and alibi witness

Ratio Decidendi

Alibi evidence was not credible; independent witness Harrison credibly placed the accused leaving her home dressed as the taller robber; DNA from a glove found at the scene matched the accused with an extremely low random-match probability and items seized from the accused's vehicle matched clothing/gloves described at the scene — taken together the circumstantial and forensic evidence established identity beyond a reasonable doubt, warranting conviction on all counts.

Court Disposition

Guilty on all counts of the indictment

Orders

  • Count 1: Guilty of robbery (unlawfully using violence in robbing Leeanna Kearsley and Emily Bradt)
  • Count 2: Guilty of masking face contrary to s.351(2) of the Criminal Code