Kirpal Singh

The applicant sought relief in an appeal before the Court of Appeal for Ontario.

The court reviewed the record and applied the governing legal and procedural standards, including deference to factual and discretionary determinations where required.

The matter concluded with the following disposition: Appeal dismissed.

The accused, J’Aheim Webbe-Wong, was charged with possession of a stolen motor vehicle and failing to comply with a release order.

The trial's central issue was the identity of the driver, based on recognition evidence provided by a police officer.

Despite the officer's credibility, the court found the reliability of the recognition evidence insufficient to prove identity beyond a reasonable doubt, citing limited prior acquaintance, inconsistent description, human inclination to fill gaps, and cross-racial identification limitations.

The accused was acquitted on both counts.

The defendant was charged with "turn not in safety" contrary to section 142(1) of the Highway Traffic Act following a collision between two transport trucks at a private driveway entrance.

The prosecution relied on a dashboard video recording to establish that the other truck was in motion before the defendant commenced his right turn.

The defendant raised a mistake of fact defence, claiming he honestly and reasonably believed the other truck was parked.

The court found that while the prosecution proved the actus reus of the offence beyond a reasonable doubt, the defendant successfully established the mistake of fact defence on a balance of probabilities.

The court also addressed issues regarding the loss of the video evidence and the prosecution's disclosure obligations under the Charter.