R. v. McKay
The appeal is dismissed because the trial judge's guilty findings were supported by extensive surveillance evidence and the appellant's movements and proximity to the vehicle with the stolen goods, and there was no palpable and overriding error in finding the seized items were consistent with break-in tools.
Source-derived case information.
- Citation
- 2021 ONCA 94
- Parties
- Respondent: Her Majesty the Queen; Appellant: Archibald McKay
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 16 February 2021
- Procedural Posture
- Criminal Appeal / Appeal From Conviction and Sentence (conviction Appeal)
- Outcome
- Appeal dismissed; convictions upheld.
- Legal Topics
- Theft, Mischief, Possession of Break in Tools, Identification Evidence, Surveillance Evidence, Sufficiency of Evidence, Appellate Review
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Her Majesty the Queen
Respondent
Archibald McKay
Appellant
Procedural Posture
Criminal Appeal / Appeal From Conviction and Sentence (conviction Appeal)
Legal Issues
- 1 Whether the trial judge erred in concluding the appellant was properly identified as the person who stole the tools
- 2 Whether the items in the appellant's possession were sufficiently indicative of break-in tools to support a conviction
Ratio Decidendi
The appeal is dismissed because the trial judge's guilty findings were supported by extensive surveillance evidence and the appellant's movements and proximity to the vehicle with the stolen goods, and there was no palpable and overriding error in finding the seized items were consistent with break-in tools.
Court Disposition
Appeal dismissed; convictions upheld.
Orders
- Appeal dismissed.
Full Case Text
Judgment text and source record
1 paragraphs
R. v. McKay Collection Decisions of the Court of Appeal Date 2021-02-16 Neutral citation 2021 ONCA 94 Docket numbers C66937 Judges MacPherson, James C.; Huscroft, Grant; Jamal, Mahmud Subject Criminal Decision Content COURT OF APPEAL FOR ONTARIO CITATION: R. v. McKay, 2021 ONCA 94 DATE: 20210212 DOCKET: C66937 MacPherson, Huscroft and Jamal JJ.A. BETWEEN Her Majesty the Queen Respondent and Archibald McKay Appellant Archibald McKay, acting in person Brian Snell, appearing as duty counsel Hannah Freeman, for the respondent Heard: February 11, 2021 by video conference On appeal from the conviction entered on April 9, 2018 and the sentence imposed on April 18, 2019 by Justice Trevor A. Brown of the Ontario Court of Justice. APPEAL BOOK ENDORSEMENT [1] The appellant was convicted of theft over $5,000, mischief to property and possession of break-in tools. He received a sentence of one year incarceration. He appeals the conviction. He appealed his sentence but has served it. [2] On the conviction appeal, the appellant makes two arguments: (1) the trial judge erred by determining that he had been properly identified as the person who stole the tools, and (2) the nature of the items in his possession when he was arrested was insufficient to justify the conclusion that they were break-in tools. [3] We are not persuaded by these submissions. The evidence received by the trial judge, including extensive surveillance evidence and the appellant’s movement on the night in question, including his very close proximity to the car with the stolen goods, justified the trial judge’s findings of guilt on the three charges. [4] The appeal is dismissed.