R. v. Herridge

R. v. Herridge

The court convicted because the complainant's sincere eyewitness identification, corroborated by independent witnesses who heard the defendant's dogs barking at the relevant time and by the defendant's flight into his own yard under circumstances inconsistent with an innocent person, proved the defendant's identity as perpetrator beyond a reasonable doubt, and the alibi was thereby discredited.

Citation
2002 NSPC 5
Parties
Crown: Her Majesty the Queen; Defendant: Everett Herridge
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
12 March 2002
Procedural Posture
Criminal Mischief (s.430(4) Criminal Code) / Trial Verdict (guilty)
Outcome
Guilty; conviction entered; matter to proceed to sentence.
Legal Topics
Mischief, Identification Evidence, Alibi, Corroboration, Character Evidence, Reasonable Doubt
Source Language
English
Criminal Law Property Offences Evidence Mischief Identification Evidence Alibi Corroboration Character Evidence +1 more

Case Brief

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Parties

Her Majesty the Queen

Crown

Everett Herridge

Defendant

Procedural Posture

Criminal Mischief (s.430(4) Criminal Code) / Trial Verdict (guilty)

Legal Issues

  1. 1 Identification of the perpetrator
  2. 2 Reliability of eyewitness identification at night
  3. 3 Credibility of alibi and corroborative evidence

Ratio Decidendi

The court convicted because the complainant's sincere eyewitness identification, corroborated by independent witnesses who heard the defendant's dogs barking at the relevant time and by the defendant's flight into his own yard under circumstances inconsistent with an innocent person, proved the defendant's identity as perpetrator beyond a reasonable doubt, and the alibi was thereby discredited.

Court Disposition

Guilty; conviction entered; matter to proceed to sentence.

Orders

  • Finding of guilt entered on the record; matter to proceed to sentence.