Canada Case Law

R. v. Cole

Court

Court of Appeal for Ontario

Trial judge legally erred in admitting the Chapman letters and in misdirecting the jury about their permitted use, and erred in parts of the alibi instruction about what constitutes independent evidence of fabrication; however, the Alprazolam evidence and circumstantial matrix were properly admissible and, applying the Criminal Code s.686(1)(b)(iii) proviso, the errors did not result in a miscarriage of justice and the first-degree murder conviction is upheld.

Source excerpt

• Admissibility of extrinsic misconduct evidence
• Similar fact/modus operandi evidence
• Fabricated alibi doctrine
• Proviso s.686(1)(b)(iii) criminal code
• Toxicology evidence (alprazolam)
• Moral prejudice

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R. v. Pryce

Court

Supreme Court of British Columbia

The court acquitted Robin Pryce on both counts after finding the fingerprint evidence and supporting inferences did not prove beyond a reasonable doubt he was involved in the thefts.

• Theft
• Fingerprint evidence
• Identification
• Reasonable doubt
• Acquittal
• Criminal-law

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R. v. Frost

Court

Supreme Court of British Columbia

The court acquitted Jenna-Lee Frost of break and enter and theft, finding a single exterior window fingerprint did not prove guilt beyond a reasonable doubt.

• Break and enter
• Theft
• Fingerprint evidence
• Circumstantial proof
• Reasonable doubt
• Alternative theories

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R. v. Yehya

Court

Court of Appeal for Ontario

The Court dismissed the appeal because the Crown's remarks did not amount to impermissible speculation, the reference to the defendants' Toronto origin was a permissible piece of circumstantial evidence, and the trial judge's jury instructions on circumstantial evidence and reasonable doubt were adequate, so the conviction was open on the evidence.

Source excerpt

• Jury charge
• Closing submissions
• Speculation by counsel
• Home invasion robbery

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R. v. Phillips

Court

Supreme Court of British Columbia

The court found Brian Ross Phillips guilty of break and enter and assault, holding the identification evidence, DNA links, and surrounding circumstances proved he was the intruder.

• Breaking and entering
• Assault
• Theft of a motor vehicle
• Identification evidence
• W.(d.) credibility assessment
• Identification-evidence

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R. v. Heatley

Court

Supreme Court of British Columbia

The court convicted Michael Heatley on 14 robbery counts, holding that his confessions, surveillance evidence, and seized items proved identity beyond a reasonable doubt.

• Identity
• Confession reliability
• Corroboration
• Circumstantial proof
• Witness reliability
• Forensic corroboration

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R. v. El Amine

Court

Supreme Court of British Columbia

The court acquitted the accused of arson, finding he was a mere spectator, but convicted him of public mischief after holding the duress defence failed.

• Aiding and abetting
• Duress defence
• Credibility assessment
• Safe avenue of escape
• Presence versus participation
• Arson

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R. v. McCarthy

Court

Nova Scotia Provincial Court

Given that the defendant had exclusive and unlimited access to the bingo books and cash, the inventory discrepancies were limited to the items she controlled, the Crown established minimum provable losses of $9,233, and the defendant's post-offence conduct and the content of anonymous letters pointed back to her, the only reasonable inference from the proven facts beyond a reasonable doubt is that the defendant committed the thefts; therefore she is guilty as charged.

Source excerpt

• Theft over $5000
• Circumstantial evidence
• Standard of proof
• Access and control of property
• Post-offence conduct

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R. v. Dionne

Court

British Columbia Court of Appeal

The Court of Appeal upheld Martin Jacques Dionne’s robbery and possession convictions, finding the circumstantial evidence and recent possession analysis supported the verdict.

• Recent possession doctrine
• Identification
• Reasonable doubt
• Circumstantial inference
• Silence of the accused
• Recent-possession

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