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Accused acquitted of armed robbery as circumstantial evidence failed to prove identity beyond a reasonable doubt.
The accused was charged with robbery and related offences following an armed robbery of a marijuana dispensary by four masked men.
The Crown's case on identity was circumstantial, relying on video surveillance, witness descriptions, the evidence of the getaway driver, and clothing seized from the accused's home.
The court found the getaway driver's evidence unreliable and noted significant differences between the clothing seized and the clothing worn by the perpetrator in the video.
The court concluded the Crown failed to prove identity beyond a reasonable doubt and acquitted the accused.
Judicial review of justice of the peace's removal for sexual harassment dismissed; costs issue remitted.
The applicant, a justice of the peace, sought judicial review of a Hearing Panel's decision removing him from office for judicial misconduct involving sexual harassment of female staff, and denying him compensation for his legal expenses.
The Divisional Court upheld the findings of misconduct and the penalty of removal, finding the panel's decisions reasonable given the applicant's lack of insight and the need to preserve public confidence in the judiciary.
However, the Court set aside the decision denying compensation for legal fees, finding the panel erred by presuming that a judicial officer found guilty of misconduct should not be compensated, and remitted that issue for reconsideration.
