R. v. Ginnish

R. v. Ginnish

The trial judge accepted the complainant's identification and corroborating evidence, rejected the accused's alibi and defence witnesses as fabrications, found avoidance of police indicative of consciousness of guilt, and concluded the Crown proved all counts beyond a reasonable doubt.

Source-derived case information.

Citation
2008 NSSC 265
Parties
Prosecution: Her Majesty the Queen; Defendant: Albert Charles Ginnish
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
6 March 2008
Procedural Posture
Criminal Indictment / Trial Judgment and Remand Pending Sentence
Outcome
Accused found guilty on all counts and remanded in custody pending sentence
Legal Topics
Assault, Uttering Threats, Breach of Probation, Credibility Assessment, Alibi, Remand Pending Sentence, Pre Sentence Report
Source Language
english
Criminal Law Evidence Sentencing Assault Uttering Threats Breach of Probation Credibility Assessment Alibi +2 more

Source-derived case record

Summary, issues, holding and outcome

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Parties

Her Majesty the Queen

Prosecution

Albert Charles Ginnish

Defendant

Procedural Posture

Criminal Indictment / Trial Judgment and Remand Pending Sentence

  1. 1 Identity of assailant and eyewitness identification
  2. 2 Assessment of credibility of accused and defence witnesses
  3. 3 Validity of the accused's alibi

Ratio Decidendi

The trial judge accepted the complainant's identification and corroborating evidence, rejected the accused's alibi and defence witnesses as fabrications, found avoidance of police indicative of consciousness of guilt, and concluded the Crown proved all counts beyond a reasonable doubt.

Court Disposition

Accused found guilty on all counts and remanded in custody pending sentence

Orders

  • Accused found guilty on all counts of the indictment
  • Accused remanded in custody pending sentence