ONTARIO
SUPERIOR COURT OF JUSTICE
COURT FILE NO.: 7348/12
DATE: 2014-01-16
BETWEEN:
HER MAJESTY THE QUEEN
– and –
RONALD JOHN JOSEPH MARINI
Defendant
D. Peterson, for the Crown
Self-represented
B. Willson, Amicus Curiae , for the Defendant
HEARD: April 23, 24 and 25, July 12, October 23, and 31, 2013
reasons for judgment
JUSTICE E. GAREAU
[1] The accused, Ronald John Joseph Marini, is charged with eight counts detailed in an indictment dated November 16, 2012. The accused was arraigned on these charges on April 23, 2013. The accused entered pleas of not guilty to counts one through six inclusive in the indictment. Counts seven and eight in the indictment were withdrawn by the crown.
[2] Counts one to six inclusive of the indictment read as follows:
Ronald John Joseph Marini stands charged that he on or about the 11th day of July, 2012, at the City of Sault Ste. Marie, in the said Region, did break and enter a certain place to wit, Subway Restaurant situated at 153 Great Northern Road, Sault Ste. Marie, Ontario and did commit an indictable offence of theft, contrary to s. 348(1)(b) of the Criminal Code of Canada, and
Ronald John Joseph Marini stands further charged that he on or about the 11th day of July, 2012, at the City of Sault Ste. Marie, in the said Region, without lawful excuse did have in his possession an instrument suitable for the purpose of breaking into a place, to wit, Subway Restaurant situated at 153 Great Northern Road, Sault Ste. Marie, Ontario under circumstances that gave rise to a reasonable inference that the said instrument had been used for such purpose, contrary to s. 351(1) of the Criminal Code of Canada, and
Ronald John Joseph Marini stands further charged that he on or about the 12th day of July, 2012, at the City of Sault Ste. Marie, in the said Region, did break and enter a certain place to wit, Subway Restaurant situated at 216 Second Line, West, Sault Ste. Marie, Ontario and did commit an indictable offence of theft, contrary to s. 348(1)(b) of the Criminal Code of Canada, and
Ronald John Joseph Marini stands further charged that he on or about the 12th day of July, 2012, at the City of Sault Ste. Marie, in the said Region, without lawful excuse did have in his possession an instrument suitable for the purpose of breaking into a place, to wit, Subway Restaurant situated at 216 Second Line, West, Sault Ste. Marie, Ontario under circumstances that gave rise to a reasonable inference that the said instrument had been used for such purpose, contrary to s. 351(1) of the Criminal Code of Canada, and
Ronald John Joseph Marini stands further charged that he on or about the 15th day of July, 2012, at the City of Sault Ste. Marie, in the said Region, did break and enter a certain place to wit, Subway Restaurant situated at 421 Bay Street, Sault Ste. Marie, Ontario and did commit an indictable offence of theft, contrary to s. 348(1)(b) of the Criminal Code of Canada, and
Ronald John Joseph Marini stands further charged that he on or about the 15th day of July, 2012, at the City of Sault Ste. Marie, in the said Region, without lawful excuse did have in his possession an instrument suitable for the purpose of breaking into a place, to wit, Subway Restaurant situated at 421 Bay Street, Sault Ste. Marie, Ontario under circumstances that gave rise to a reasonable inference that the said instrument had been used for such purpose, contrary to s. 351(1) of the Criminal Code of Canada.
[3] The trial commenced on April 23, 24, and 25, 2013 with the crown closing its case on April 25, 2013. During the course of the crown’s case, an issue arose with respect to production of information contained on the Sault Ste. Marie Police Services Record Management System. The accused was permitted to file a formal application requesting production and this application was heard by the court on June 6, 2013. The court reserved its decision on this application and on June 13, 2013 released a written decision dismissing the application brought by the accused.
[4] The trial then continued on July 12th and October 23, 2013. Submissions were received by the crown on October 23, 2013 and by Mr. Marini and his amicus curiae, Mr. Willson, on October 31, 2013. The court was not in a position to give a decision on December 12, 2013 and the matter was put over to today’s date, January 16, 2014 for decision.
FACTUAL BACKGROUND:
[5] The factual background of this matter is not complicated. There were three break-ins to three Subway Restaurants in Sault Ste. Marie, Ontario during the space of four days in July, 2012. As indicated by the evidence of Alan Jones, the owner of the three Subway franchises broken into, each store was equipped with video surveillance cameras.
[6] The first break and enter occurred on July 11, 2012 at the Subway Restaurant located at 153 Great Northern Road, Sault Ste. Marie, Ontario. The surveillance video indicates that entry was gained at 1:50 a.m. on July 11, 2012. The side door window to the restaurant was smashed and entry was gained through the side door. The video surveillance indicates that a person wearing a black balaclava over their face and a black jacket entered the restaurant. In his evidence, Alan Jones, indicated that $1,556.00 was taken from the safe at the 153 Great Northern Road Subway Restaurant. Mr. Jones testified that he had to expend the sum of $375.00 to have the side door replaced and the further sum of $900.00 to have the safe replaced.
[7] The second break and enter occurred on July 12, 2012 at the Subway Restaurant located at 216 Second Line, West, at the corner of Second Line West and Farewell Terrace in the City of Sault Ste. Marie, Ontario. The surveillance video indicates that entry was gained at 4:27 a.m. on July 12, 2012. Entry was gained through the back door. The video surveillance indicates that a person wearing a black balaclava over their face and a black jacket, entered the restaurant. In his evidence, Alan Jones indicated that the sum of $2,107.00 was taken from the safe in the restaurant. Mr. Jones testified that he had to expend the sum of $700.00 to have the back door repaired and the further sum of $900.00 to have the safe replaced.
[8] The third break and enter occurred on July 15, 2012 at the Subway Restaurant located at 421 Bay Street, Sault Ste. Marie, Ontario. The surveillance video indicates that entry was gained at 1:59 a.m. on July 15, 2012. Entry was gained through a window in the front of the store which was smashed. The video surveillance indicates that a person wearing a black balaclava over their face and a black jacket entered the restaurant. In his evidence, Alan Jones indicated that an attempt was made to enter the safe, but the safe at this store was not entered and the contents of the safe remained in the safe. Mr. Jones had to expend the sum of $507.23 to have the front window replaced.
[9] In addition to the video surveillance tapes entered as Exhibit 3 – Great Northern Road; Exhibit 4 – Second Line, West; Exhibit 5 – Bay Street, there were also still photos taken from that video surveillance tapes entered as Exhibit 6 - Great Northern Road; Exhibit 7 – Second Line, West; Exhibit 8 – Bay Street.
[10] The crown contends that it was the same perpetrator who committed all three robberies at the Subway Restaurants on July 11, 12, and 15, 2012 and that the accused, Ronald Marini, is the perpetrator. The crown has brought a similar fact evidence application on the basis of the similarity between the three break and enters. It is the position of the crown that the offences are sufficiently similar that evidence on all counts can be taken into account in determining whether guilt has been proven on any individual count. What this boils down to in this case from a practical point of view, is the suggestion that if the court finds the accused guilty of the offence relating to the Bay Street break and enter, then based on the principle of similar fact evidence, the court can conclude that the accused was also guilty of the Great Northern Road and Second Line West Subway Restaurant break and enters.
[11] The accused, Ronald John Joseph Marini testified in his own defence at the trial and denied any involvement in the three Subway Restaurant break and enters and robberies at 153 Great Northern Road, 216 Second Line West and 421 Bay Street, Sault Ste. Marie, Ontario.
(The judgment continues exactly as in the source with all paragraphs preserved.)
Justice E. Gareau
Released: January 16, 2014