EVIDENCE - Methods of proof - Identification

Law360 Canada (July 4, 2022, 9:31 AM EDT) -- Appeal by the appellant AKB from his convictions for robbery, being masked during the robbery and possession of a weapon, on the grounds that the trial judge erred by misapprehending the evidence relating to the identity of the accused. Five assailants were involved in an incident of robbery. The only issue at trial was identity. The witnesses at the trial were the complainant, his friend, two of the assailants who had previously been convicted and sentenced, and AKB. The two other assailants testified that AKB was also one of the five assailants. The complainant testified the assailant identified as the appellant was wearing a mask but that his eyes and forehead were visible. There was other confirmatory evidence including the evidence at trial of the complainant and his friend, the dock identification by the complainant and the evidence that the appellant was the one holding the tire iron/crowbar. The appellant discounted the other confirmatory evidence and argued that the dock identification made by the complainant was the “linchpin” of the conviction, and that the trial judge gave excessive weight to it....
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