Not every case in which the Crown leads identification evidence as part of its case requires a caution

Ontario criminal | Evidence

Identity of accused

Not every case in which the Crown leads identification evidence as part of its case requires a caution

Accused was convicted of several robbery-related offences. Issue at trial was identification. Accused appealed his convictions on ground that trial judge erred by failing to provide instruction to jury on frailties inherent in identification evidence. Crown’s case consisted of identification evidence from complainant, powerful circumstantial evidence that connected accused to robbery and out-of-court statement recanted at trial made by friend of accused that indicated that accused confessed to him. Judge was not asked to give jury any special caution in respect of identification evidence. No objection to charge was made at conclusion of judge’s instructions. Not every case in which Crown led identification evidence as part of its case required caution. Even if failure to give instruction amounted to error of law, this was clear case for application of curative proviso. Circumstantial evidence on its own was overwhelming.
R. v. Oswald (Feb. 19, 2016, Ont. C.A., Doherty J.A., E.A. Cronk J.A., and H.S. LaForme J.A., CA C57068) 129 W.C.B. (2d) 3.

Free newsletter

Our newsletter is FREE and keeps you up to date on all the developments in the Ontario legal community. Please enter your email address below to subscribe.

Recent articles & video

Divided convocation, AI, climate, and mental health among Bencher election issues for independents

Ontario Ministry of Finance launches consultations on framework for pension plan target benefits

Superior Court limits claims in motor vehicle accident due to an enforceable representation

Conditional sentence for man who killed 'racist' sets model for dealing with systemic racism: lawyer

Ontario proposes highest maximum fines in Canada for withholding foreign workers' passports

uOttawa law prof Carissima Mathen awarded David Walter Mundell Medal for excellence in legal writing

Most Read Articles

Conditional sentence for man who killed 'racist' sets model for dealing with systemic racism: lawyer

Divided convocation, AI, climate, and mental health among Bencher election issues for independents

Ontario Superior Court of Justice affirms no absolute right to amend pleadings

Superior Court limits claims in motor vehicle accident due to an enforceable representation