EVIDENCE - Methods of proof - Circumstantial evidence - Identification

Law360 Canada ( September 3, 2024, 2:26 PM EDT) -- Appeal by Kennedy from conviction for two counts of arson and one count each of criminal harassment, uttering death threats, possession of explosive substance, disobeying court order, and two breaches of probation and appeal from global sentence of 28 months followed by 18 months' probation and restitution order. The convictions followed multiple instances of harassment of his ex-partner, Bawn and her new partner Fregeau. Kennedy and Bawn had been in a relationship, but Bawn ended their relationship in February 2020. Kennedy harassed Bawn and Fregeau through text messages, voicemails, and in person. It was alleged that the harassment culminated with Kennedy lighting Fregeau's truck ablaze. The Crown relied on text messages from Kennedy threatening Fregeau's truck, video footage showing someone near the truck before the fire, and eyewitness testimony from Devine identifying Kennedy as the arsonist she saw who placed something under Fregeau's truck before it exploded. Among others, the defence argued that the trial judge (judge) failed to properly scrutinize the frailties of Devine's eyewitness identification and did not grapple with the alleged inconsistency between her testimony that the arsonist wore a hat and the judge's finding based on the video that no hat was worn....
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