R. v. Short
The identification evidence was unreliable and unsupported by corroborative forensic or circumstantial evidence; discrepancies in descriptions and problematic photographic line-ups made conviction unsafe and the Crown failed to prove guilt beyond a reasonable doubt, so the accused must be acquitted.
- Citation
- 2002 BCSC 533
- Parties
- Crown: Her Majesty the Queen; Accused: David Roy Short
- Court
- Supreme Court of British Columbia
- Jurisdiction
- Canada
- Judgment Date
- 11 April 2002
- Procedural Posture
- Criminal Armed Robbery / Trial Judgment (acquittal)
- Outcome
- Accused acquitted
- Legal Topics
- Eyewitness Identification, Photographic Line Up, In Court/dock Identification, Burden of Proof, Corroboration
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Her Majesty the Queen
Crown
David Roy Short
Accused
Procedural Posture
Criminal Armed Robbery / Trial Judgment (acquittal)
Legal Issues
- 1 Whether the accused was the robber (identification)
- 2 Reliability and weight of eyewitness identification evidence
- 3 Fairness and suggestiveness of photographic line-ups and in-court identification
Ratio Decidendi
The identification evidence was unreliable and unsupported by corroborative forensic or circumstantial evidence; discrepancies in descriptions and problematic photographic line-ups made conviction unsafe and the Crown failed to prove guilt beyond a reasonable doubt, so the accused must be acquitted.
Court Disposition
Accused acquitted
Orders
- David Roy Short acquitted of the armed robbery charges
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment