K. Paul Erskine

The two accused were charged with multiple counts of robbery and use of an imitation firearm following three street robberies committed in less than an hour.

The Crown's case on identity relied heavily on the testimony of the driver of the getaway vehicle, an accomplice charged separately.

The court applied the Vetrovec principles to scrutinize the accomplice's evidence.

Despite inconsistencies in the accomplice's attempts to minimize his own involvement, the court found his identification of the accused reliable and corroborated by the victims' descriptions.

Both accused were found guilty as co-principals or aiders and abettors.

The accused was charged with sexual assault, assault, and unlawful confinement arising from an incident involving the complainant.

At trial the complainant testified she could not recall the events but affirmed that her preliminary inquiry testimony was truthful.

The Crown sought to rely on the preliminary inquiry transcript after a voir dire establishing necessity and reliability.

The court found the complainant’s trial memory loss was deliberate and motivated by a desire to reconcile with the accused, and accepted the preliminary inquiry evidence as reliable.

The accused was convicted of assault and sexual assault but acquitted of unlawful confinement due to reasonable doubt on whether the complainant’s liberty had been restrained.