R. v. Bennett

R. v. Bennett

The Crown failed to prove beyond a reasonable doubt that the accused was the driver at 3:45 a.m. because the eyewitness identifications were unreliable and tainted by flawed identification procedures and the circumstantial evidence, while persuasive, permitted other reasonable inferences (notably a change of driver).

Citation
2012 NSPC 65
Parties
Crown: Her Majesty the Queen; Accused: Carolyn Bennett
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
26 July 2012
Procedural Posture
Criminal / Trial Decision
Outcome
Not guilty on all charges (acquittal)
Legal Topics
Eyewitness Identification, Circumstantial Evidence, Proof Beyond a Reasonable Doubt, Driving Offences, Flight From Police, Obstruction of Justice
Source Language
English
Criminal Law Evidence Eyewitness Identification Circumstantial Evidence Proof Beyond a Reasonable Doubt Driving Offences Flight From Police Obstruction of Justice

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Parties

Her Majesty the Queen

Crown

Carolyn Bennett

Accused

Procedural Posture

Criminal / Trial Decision

Legal Issues

  1. 1 Whether the accused was the driver of the vehicle at 3:45 a.m. on April 1, 2011
  2. 2 Reliability and weight of eyewitness identification evidence given lighting, observation time and identification procedures
  3. 3 Whether circumstantial evidence linking accused to the vehicle establishes identity beyond a reasonable doubt

Ratio Decidendi

The Crown failed to prove beyond a reasonable doubt that the accused was the driver at 3:45 a.m. because the eyewitness identifications were unreliable and tainted by flawed identification procedures and the circumstantial evidence, while persuasive, permitted other reasonable inferences (notably a change of driver).

Court Disposition

Not guilty on all charges (acquittal)

Orders

  • An acquittal is entered against the accused on each of the three charges: CC 249(1)(a), 249.1(1), 139(2).
  • Accused is discharged and released.