The accused stood trial on multiple theft under $5,000 counts arising from alleged LCBO alcohol thefts and on one count of breaching a probation order prohibiting attendance at LCBO locations.
The sole live issue on the theft counts was identity, with the Crown relying primarily on surveillance video, in-court comparison, body worn camera footage, booking hall stills, and a disputed mugshot.
The court admitted the mugshot under s. 31.1 of the Canada Evidence Act but held that, even considering all comparison evidence and applying the caution required by Nikolovski, identity was not proven beyond a reasonable doubt on any remaining theft count.
Although the court found the accused was the same person bound by the probation order, the alleged attendance at the LCBO on November 24, 2024 was not proven, so the breach count also failed.
