Alain Tayeye

The accused was charged with attempted robbery of a bus pass and robbery of money arising from a school incident in which two younger students were led into a bathroom by a group of older students and intimidated.

The Crown alleged the accused was a party to the offences under s. 21 of the Criminal Code by aiding and abetting the principal offender.

The court considered witness testimony, surveillance stills, and the accused’s voluntary police interview admitting participation and sharing in the proceeds.

The court rejected the accused’s explanation that he was merely present and found that he knowingly participated in a coordinated intimidation designed to obtain money.

The accused was found guilty of both attempted theft and robbery as a party to the offences.

During a criminal trial for robbery, the court conducted a blended voir dire to determine whether statements made by the accused during a police video interview were voluntary and admissible.

The defence argued that the statements were involuntary and obtained in breach of Charter rights under ss. 7, 10(a), and 10(b), including the right to remain silent and the right to counsel.

The court found that the accused had been informed of the charges, had consulted counsel, and confirmed satisfaction with that advice before the interview.

The court concluded that the accused spoke with a free and operating mind and that the police conduct did not amount to improper persistence or coercion.

The statements were ruled voluntary and admitted into evidence.