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The Ontario Court of Appeal dismissed an appeal from firearms convictions, holding the search warrant challenge failed because the ITO and video evidence were not mischaracterized.
The Crown failed to prove the accused's identity as the attacker beyond a reasonable doubt because of (1) limitations and inconsistency in the surveillance footage and difficulties tracking the accused continuously through the clips, (2) taint and reliability concerns in the recognition evidence and pre-identification procedures, and (3) material inconsistencies between the victim's description and the accused's appearance; accordingly the accused is acquitted on all counts.
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The trial judge permissibly rejected the appellant's testimony on credibility grounds and, relying on consistent witness testimony and dispositive surveillance video, reasonably found the taking and the subsequent violent confrontation to be a single continuous transaction constituting robbery under s.343(a); appellate intervention was unwarranted absent palpable and overriding error, and the custodial sentence was fit.
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The court convicted Joe Yut Wong of hit and run under s. 252(1.2) of the Criminal Code, finding knowledge or wilful blindness on his later returns to the scene.
The court found the accused guilty of robbery and masking with intent, relying on circumstantial evidence, surveillance video, witness testimony, and post-offence conduct.
The Summary Conviction Appeal Court correctly stated and applied the applicable standard of review, and the surveillance video was not so clearly contrary to the security guard's evidence as to render the trial verdict unreasonable; accordingly leave to appeal under s.839 is refused because there is no issue of general importance and the merits are not strong.
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On the totality of the intercepts and synchronized surveillance video the Crown proved beyond a reasonable doubt that an agreement to murder existed and that LeBlanc and Murphy participated: LeBlanc directed and facilitated the targeting and was the driving force; Murphy acted in concert on scene and by directing the approaching vehicle; their testimony was rejected; both are guilty of conspiracy to murder and as parties to the attempted murder under s.21 Criminal Code.
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Judge-alone trial on 11 robbery-related counts ended in acquittal. The court found the Crown had not proved identification beyond a reasonable doubt on any count.
The trial judge's credibility findings and acceptance of the complainant's evidence were reasonable and supported by the record; no adverse inference was required because the surveillance tape was not shown to have been within Crown custody or control; Selig's prompted recollection was not relied on for the fact of touching but corroborated the complainant's account of language used; inconsistencies did not create a reasonable doubt; the trial judge properly considered and rejected a discharge and the imposed suspended sentence with one year probation was not demonstrably unfit.
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The court convicted John Junior Elkins of two robberies, finding the identity evidence proved beyond a reasonable doubt through video, police identification, fingerprints, and clothing similarities.
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