R. v. Sarty

R. v. Sarty

Because the defendants' alibi was first disclosed at trial and lacked timeliness and particularity it carried little weight; the credible victim evidence, injury photographs and property damage receipts provided sufficient corroboration for the trier of fact to conclude the Crown proved the offences beyond a reasonable doubt, leading to convictions of both defendants.

Citation
2004 NSPC 11
Parties
Prosecutor: R.; Defendant: Arnold Sarty; Defendant: Adam Sarty
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
25 February 2004
Procedural Posture
Criminal / Trial (decision)
Outcome
Both defendants found guilty of the offences charged
Legal Topics
Alibi Disclosure, Failure to Disclose Alibi, Assault, Property Damage
Source Language
English
Criminal Law Evidence Alibi Disclosure Failure to Disclose Alibi Assault Property Damage

Case Brief

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Parties

R.

Prosecutor

Arnold Sarty

Defendant

Adam Sarty

Defendant

Procedural Posture

Criminal / Trial (decision)

Legal Issues

  1. 1 Whether the defendants' alibi is credible given late disclosure
  2. 2 Whether Crown proved assault and related offences beyond a reasonable doubt
  3. 3 Weight to be accorded to victim testimony and physical injury evidence

Ratio Decidendi

Because the defendants' alibi was first disclosed at trial and lacked timeliness and particularity it carried little weight; the credible victim evidence, injury photographs and property damage receipts provided sufficient corroboration for the trier of fact to conclude the Crown proved the offences beyond a reasonable doubt, leading to convictions of both defendants.

Court Disposition

Both defendants found guilty of the offences charged