During a criminal trial for multiple convenience store robberies, the defence brought a motion for a directed verdict after the close of the Crown’s case regarding two of the alleged robberies.
The Crown relied entirely on circumstantial evidence linking the accused to surveillance footage and clothing similar to items worn by a robber.
The court applied the directed verdict test from R. v. Monteleone and the circumstantial evidence principles from R. v. Arcuri.
The judge held that the similarities in clothing and general appearance were too generic and common to support a reasonable inference that the accused was the perpetrator.
Directed verdicts of not guilty were entered on the two counts.
