The defendant was charged with assault, assault with a weapon (knife), and theft under $5,000 arising from a robbery on June 18, 2014.
The Crown conceded that the weapon had not been established and proceeded only on simple assault.
The central issue was the identification of the defendant as the alleged lookout in the robbery.
The complainant identified the defendant based on recognition from the community, a yearbook photo identification, and the name "Kadir" mentioned during the incident.
The court found significant shortcomings in the identification evidence, including poor lighting conditions, lack of proper police photo lineup procedures, and inconsistencies in the complainant's description.
The defendant was acquitted due to the Crown's failure to prove identity beyond a reasonable doubt.