J. Olver

At a preliminary inquiry, the Crown sought committal on five counts of robbery with an offensive weapon against both defendants, with additional charges against Moore for disguising with a bandana and possession of a weapon.

The central issue was identification of the perpetrator(s) based on circumstantial evidence.

The Crown's theory was that Moore committed the robberies with Stanojevic as the getaway driver.

The court admitted similar fact evidence regarding the robberies and found sufficient circumstantial evidence linking Moore to all robberies.

Moore was committed to trial on all counts.

Stanojevic was committed on the August 21 robbery but discharged on the August 12 robbery, as there was insufficient evidence linking her to that incident.

The defendant was charged with assault causing bodily harm against her step-mother following a domestic altercation on February 19, 2012.

The complainant suffered a significant injury to her eye requiring stitches.

The Crown alleged the defendant intentionally assaulted the complainant.

The defendant testified she reacted with a single blind punch after the complainant grabbed and bent back her fingers during a physical struggle.

The court found that while the defendant caused serious injury, the Crown failed to prove beyond a reasonable doubt that she intended to strike the complainant as she did.

The charge was dismissed.

The accused was charged with driving while suspended, making unreasonable noise, failing to identify, and assaulting and obstructing a peace officer following a traffic stop.

The court found that the officers failed to strictly comply with the preconditions for a warrantless arrest under s. 33(3) of the Highway Traffic Act, rendering the arrest unlawful and acquitting the accused of the criminal charges and failure to identify.

However, based on uncontradicted evidence, the accused was found guilty of driving while suspended and making unreasonable noise.