The appellant, Kevin Janeiro, appealed his convictions for robbery and having his face masked, arguing the verdicts were unreasonable and the trial judge materially misapprehended evidence, particularly regarding identity and lost security video.
The Court of Appeal found the convictions unreasonable due to material misapprehensions of evidence concerning fingerprint and DNA evidence, and the importance of the lost security video.
The court also found a Charter breach due to the negligent loss of the security video.
The appeal was allowed, convictions set aside, and verdicts of acquittal substituted.
