R. v. M.R – Identification of offender not proven, Charges Dismissed

Our client was charged with robbing a man of his wallet in an alleyway. It was alleged that our client had befriended the victim in a bar and that when they went outside for a cigarette together, our client threatened and assaulted the victim and stole his wallet. Our client’s health card was found by the victim in the ground in the alleyway where the robbery had taken place shortly after the assailant was said to have fled. At trial, through effective cross-examination, we successfully demonstrated that victim’s ability to describe the assailant was unreliable and that he may have been mistaken in his belief that the individual who’s photograph was on the health card (our client) was the same person who had robbed him. After our cross-examination of the victim, the Crown Attorney invited the judge to dismiss the charge.