The accused was charged with multiple counts arising from three break and enters at Subway restaurant locations over several days.
Surveillance footage, physical evidence, and DNA recovered from a balaclava linked the accused to the offences, while the accused testified denying involvement and suggesting innocent explanations for the evidence.
The court applied the credibility framework from R. v. W.(D.) and rejected the accused’s account.
After finding the accused responsible for one break and enter, the court admitted similar fact evidence due to striking similarities in timing, method, clothing, and tools used across the incidents.
The similarities and physical evidence established beyond a reasonable doubt that the same perpetrator committed all three break and enters.