R. v. Spilchen

R. v. Spilchen

On the evidence the Crown proved identification of Spilchen as the intruder and driver beyond a reasonable doubt by cumulative circumstantial proof, but the Crown failed to prove the object shown on video was a firearm/weapon; the judge therefore amended count 1 under s.601 to an attempted robbery using an imitation handgun and convicted on that amended count while acquitting the accused on counts requiring proof of a firearm or weapon.

Citation
2021 NSSC 131
Parties
Crown: Her Majesty the Queen; Accused: Leif Spilchen
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
19 April 2021
Procedural Posture
Criminal Trial / Trial Decision / Judgment
Outcome
Accused convicted of attempted robbery as amended (imitation handgun), convicted of wearing a face mask, flight from police, operating a conveyance while prohibited and breach of probation; acquitted of counts alleging use/possession of a firearm or weapon.
Legal Topics
Attempted Robbery, Identification, Amendment of Indictment, Firearm/weapon Definition, Circumstantial Evidence, Evidentiary Admissibility
Source Language
English
Criminal Law Attempted Robbery Identification Amendment of Indictment Firearm/weapon Definition Circumstantial Evidence Evidentiary Admissibility

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Parties

Her Majesty the Queen

Crown

Leif Spilchen

Accused

Procedural Posture

Criminal Trial / Trial Decision / Judgment

Legal Issues

  1. 1 Whether the accused was identified as the intruder and driver beyond a reasonable doubt
  2. 2 Whether the object shown on video constituted a firearm, restricted firearm or weapon
  3. 3 Whether the indictment/counts could or should be amended under s.601 Criminal Code to conform to the evidence

Ratio Decidendi

On the evidence the Crown proved identification of Spilchen as the intruder and driver beyond a reasonable doubt by cumulative circumstantial proof, but the Crown failed to prove the object shown on video was a firearm/weapon; the judge therefore amended count 1 under s.601 to an attempted robbery using an imitation handgun and convicted on that amended count while acquitting the accused on counts requiring proof of a firearm or weapon.

Court Disposition

Accused convicted of attempted robbery as amended (imitation handgun), convicted of wearing a face mask, flight from police, operating a conveyance while prohibited and breach of probation; acquitted of counts alleging use/possession of a firearm or weapon.

Orders

  • Count 1 amended pursuant to Criminal Code s.601 to attempted robbery with an imitation handgun and conviction entered on the amended count
  • Convicted of wearing a face mask (count charged), flight from police, operation of a conveyance while prohibited and breach of probation