The Crown brought an application to admit similar fact evidence across multiple counts of robbery to prove the identity of the accused in a rotating group context.
The accused was charged with six robberies of banks and pharmacies.
The court applied the Handy and Perrier frameworks to assess the degree of similarity between the robberies and whether there was independent evidence linking the accused to each offence.
The court found sufficient similarities, including the use of a single firearm held in a pronated fashion, the use of stolen older model Honda Civics, and the roles of the suspects.
The court also found sufficient independent linkage evidence, such as cell phone data and the recovery of a modified rifle, for five of the six robberies.
The application was granted for all counts except those related to one bank robbery.
