R. v. Vidal

R. v. Vidal

The judge accepted the DNA expert's opinion that Vidal was the major contributor of the high-quality DNA profile on the gun and that secondary transfer was very unlikely; combined with circumstantial evidence (possession of the SUV, shoe recovered, eyewitness placement, police pursuit evidence) this established identity beyond a reasonable doubt, leading to conviction on Counts 2–9 and acquittal on Counts 1 and 10.

Citation
2009 BCSC 788
Parties
Crown: Regina; Accused: Curtis Wayne Vidal
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
8 May 2009
Procedural Posture
Criminal / Trial Judgment (oral Reasons for Judgment)
Outcome
Guilty on Counts 2 through 9 inclusive; Acquitted on Counts 1 and 10.
Legal Topics
Firearms Offences, DNA Evidence, Identity, Circumstantial Evidence, Dangerous Driving, Flight From Police, Publication Ban, Kienapple Principle
Source Language
English
Criminal Law Firearms Offences DNA Evidence Identity Circumstantial Evidence Dangerous Driving Flight From Police Publication Ban +1 more

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Parties

Regina

Crown

Curtis Wayne Vidal

Accused

Procedural Posture

Criminal / Trial Judgment (oral Reasons for Judgment)

Legal Issues

  1. 1 Was the accused the person who shot the SUV and drove it away (identity)
  2. 2 Weight and origin of DNA evidence (primary vs secondary transfer)
  3. 3 Credibility of key witness (Ms. McRae)

Ratio Decidendi

The judge accepted the DNA expert's opinion that Vidal was the major contributor of the high-quality DNA profile on the gun and that secondary transfer was very unlikely; combined with circumstantial evidence (possession of the SUV, shoe recovered, eyewitness placement, police pursuit evidence) this established identity beyond a reasonable doubt, leading to conviction on Counts 2–9 and acquittal on Counts 1 and 10.

Court Disposition

Guilty on Counts 2 through 9 inclusive; Acquitted on Counts 1 and 10.

Orders

  • Publication ban under Criminal Code s.486.5 prohibiting disclosure of identity of Witness X
  • Acquit Count 1 (possession of weapon obtained by commission of offence)