R. v. M.N. – Identification of offender not proven

Our client was charged with Flight from Police and Dangerous Driving. He was accused of going close to 200 km/hr on a motorcycle and, when the police tried to pull him over, fleeing at an even higher rate of speed and evading the police officer who was in pursuit. The police officer noted the licence plate number but was unable to identify the rider. At trial, the Crown Attorney had to rely entirely on circumstantial evidence to try to prove the case; specifically the owner of the motorcycle testified that he had loaned the bike to our client on the night of the incident and that our client had even confided in him that he had been able to outrun the police. At trial, the credibility of the owner of the motorcycle was attacked through effective cross-examination. The charges against our client were dismissed on the basis that the identification of the rider of the motorcycle had not been proven.