R. v. Conrod

R. v. Conrod

The Crown failed to prove the accused was the driver beyond a reasonable doubt because the critical identification rested on an officer's opinion formed after viewing a registered-owner photograph in isolation without independent corroboration or photographic lineup for other eyewitnesses; that procedure was unduly suggestive and insufficient to establish identity, requiring acquittal.

Citation
2013 NSPC 70
Parties
Crown: Her Majesty the Queen; Accused: Michael Robert Conrod
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
16 August 2013
Procedural Posture
Criminal Criminal Code Offences (obstruction, Dangerous Operation, Flight From Peace Officer) / Trial Judgment (acquittal)
Outcome
Not guilty on all counts; accused acquitted of all three offences
Legal Topics
Eyewitness Identification, Photographic Lineup, Burden of Proof, Owner Liability Under Motor Vehicle Act, Obstruction of a Peace Officer, Dangerous Operation, Failure to Stop to Evade
Source Language
English
Criminal Law Evidence Motor Vehicle Law Procedure Eyewitness Identification Photographic Lineup Burden of Proof Owner Liability Under Motor Vehicle Act +3 more

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Parties

Her Majesty the Queen

Crown

Michael Robert Conrod

Accused

Procedural Posture

Criminal Criminal Code Offences (obstruction, Dangerous Operation, Flight From Peace Officer) / Trial Judgment (acquittal)

Legal Issues

  1. 1 Whether the accused was correctly identified as the driver of the vehicle
  2. 2 Whether an officer's isolated viewing of a registered-owner photograph can substantiate identity beyond a reasonable doubt
  3. 3 Whether police were obliged to conduct/show a photographic lineup to other eyewitnesses

Ratio Decidendi

The Crown failed to prove the accused was the driver beyond a reasonable doubt because the critical identification rested on an officer's opinion formed after viewing a registered-owner photograph in isolation without independent corroboration or photographic lineup for other eyewitnesses; that procedure was unduly suggestive and insufficient to establish identity, requiring acquittal.

Court Disposition

Not guilty on all counts; accused acquitted of all three offences

Orders

  • Accused found not guilty on all charges listed in the Information