R. v. West

R. v. West

The judge accepted the accused's December 19 statements as voluntary and, together with eyewitness testimony and forensic recovery of the stolen money, concluded identity was proved beyond a reasonable doubt; counts alleging confinement, theft from the bank and theft of a motor vehicle were supported by evidence and resulted in convictions; counts alleging masked face were dismissed as defective because they failed to identify the underlying indictable offence; conviction for 'use' of an imitation firearm was entered where the evidence showed the accused displayed/flicked the grip to intimidate (robbery count) but acquittal entered where timing/usage during vehicle theft could not be...

Citation
2006 NSSC 41
Parties
Crown: Her Majesty the Queen; Accused: William Fenwick West
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
10 February 2006
Procedural Posture
Criminal / Trial Verdict (guilty/acquittal)
Outcome
Convicted on counts 2, 3, 4, 5, 6 and 8; acquitted on count 9; counts 1 and 7 dismissed as defective.
Legal Topics
Robbery, Use of Imitation Firearm, Forcible Confinement, Theft of Motor Vehicle, Identity, Credibility Assessment, Defective Indictment/count
Source Language
English
Criminal Law Evidence Procedural Law Property Offences Bank Robbery Robbery Use of Imitation Firearm Forcible Confinement +4 more

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Parties

Her Majesty the Queen

Crown

William Fenwick West

Accused

Procedural Posture

Criminal / Trial Verdict (guilty/acquittal)

Legal Issues

  1. 1 Whether the accused's identity as the robber was proved beyond a reasonable doubt
  2. 2 Whether an imitation firearm was 'used' (distinct from merely being 'armed') during the offences
  3. 3 Whether counts alleging masked face were defective for failing to specify underlying indictable offence

Ratio Decidendi

The judge accepted the accused's December 19 statements as voluntary and, together with eyewitness testimony and forensic recovery of the stolen money, concluded identity was proved beyond a reasonable doubt; counts alleging confinement, theft from the bank and theft of a motor vehicle were supported by evidence and resulted in convictions; counts alleging masked face were dismissed as defective because they failed to identify the underlying indictable offence; conviction for 'use' of an imitation firearm was entered where the evidence showed the accused displayed/flicked the grip to intimidate (robbery count) but acquittal entered where timing/usage during vehicle theft could not be...

Court Disposition

Convicted on counts 2, 3, 4, 5, 6 and 8; acquitted on count 9; counts 1 and 7 dismissed as defective.

Orders

  • Count 2: Guilty (confinement of Terry Boutilier contrary to s.279(2))
  • Count 3: Guilty (confinement of Adele Smith contrary to s.279(2))