The Trunk on the Highway

The Complainant was abducted and beaten inside a rented grey Hyundai and eventually escaped from the trunk on the shoulder of a provincial highway. That the abduction happened was not in dispute at trial. The only live issue was whether the Accused was one of the participants. The Complainant, whose own evidence required a caution because of his background, identified him. The Accused was charged with kidnapping, assault with a weapon, and possession of an imitation firearm for a purpose dangerous to the public peace. The Defence position was that the Complainant's evidence could not corroborate itself, and that the defence case must be scrutinized no more closely than the Crown's. The Defence also argued that the weapons count could not stand where the object involved was only an imitation and no real firearm was ever proved. Is the identification reliable, and can the weapons count stand?