R. v. Blackwell

R. v. Blackwell

The judge accepted McBride's identifications as credible and reliable when considered with corroborating circumstantial evidence (Glock 10 mm and ammunition seized from Blackwell's residence, undercover admissions, personal items placing Blackwell in the master bedroom) and Blackwell's proven fabrication of accounts to police; therefore Crown proved beyond reasonable doubt that Blackwell committed assault causing bodily harm, uttered threats, attempted to obstruct justice by directing fabrication, obstructed two attending officers, and discharged a firearm with intent to endanger Vakeva (count 6); insufficient evidence of specific intent to target McBride or to support...

Citation
2007 BCSC 1240
Parties
Crown: Regina; Accused: Mark John Blackwell
Court
British Columbia Court of Appeal
Jurisdiction
Canada
Judgment Date
16 August 2007
Procedural Posture
Criminal / Trial Reasons for Judgment
Outcome
Convicted on counts 1, 2, 3, 4 and 6; Acquitted on counts 5, 7, 8, 9 and 10
Legal Topics
Assault Causing Bodily Harm, Uttering Threats, Obstructing a Peace Officer, Obstruction of Justice (s.139), Discharging Firearm With Intent to Endanger Life, Identification Evidence, Undercover Police Evidence, Search and Seizure
Source Language
English
Criminal Law Evidence Firearms Offences Eyewitness Identification Obstruction of Justice Alibi Assault Causing Bodily Harm Uttering Threats +6 more

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Parties

Regina

Crown

Mark John Blackwell

Accused

Procedural Posture

Criminal / Trial Reasons for Judgment

Legal Issues

  1. 1 Identity of offender in two related incidents
  2. 2 Reliability and frailties of eyewitness identification
  3. 3 Whether accused raised an alibi and effect of non-disclosure

Ratio Decidendi

The judge accepted McBride's identifications as credible and reliable when considered with corroborating circumstantial evidence (Glock 10 mm and ammunition seized from Blackwell's residence, undercover admissions, personal items placing Blackwell in the master bedroom) and Blackwell's proven fabrication of accounts to police; therefore Crown proved beyond reasonable doubt that Blackwell committed assault causing bodily harm, uttered threats, attempted to obstruct justice by directing fabrication, obstructed two attending officers, and discharged a firearm with intent to endanger Vakeva (count 6); insufficient evidence of specific intent to target McBride or to support...

Court Disposition

Convicted on counts 1, 2, 3, 4 and 6; Acquitted on counts 5, 7, 8, 9 and 10

Orders

  • Convicted on counts 1, 2, 3, 4 and 6 of the indictment
  • Acquitted on counts 5, 7, 8, 9 and 10 of the indictment