R. v. Bakaluk, (1980) 8 Man.R.(2d) 410 (CoCt)

• Court: Provincial Court of Manitoba (Canada)
• Case Date: March 04, 1980
• Jurisdiction: Manitoba
• Citations: (1980), 8 Man.R.(2d) 410 (CoCt)

R. v. Bakaluk (1980), 8 Man.R.(2d) 410 (CoCt)

MLB headnote and full text

R. v. Bakaluk

Indexed As: R. v. Bakaluk

Manitoba County Court

Judges' Criminal Court

Lockwood, C.C.J.

March 4, 1980.

Summary:

This case arose out of charges against the accused of robbery, use of a firearm while committing an indictable offence, possession of goods obtained by crime and possession of an unregistered restricted weapon.

The Manitoba County Court convicted the accused of robbery and use of a firearm while committing an indictable offence and acquitted on the other two charges.

Criminal Law - Topic 1438

Firearms - Use of - During offence - The accused was not present at the scene of a robbery, but Crown evidence indicated the accused offered and scanned the robbery, that he was the first to arrive at an accomplice's home after the robbery and that all the robbers were at his home prior to the robbery, where they obtained a gun and tuque, which were used in the robbery - The Manitoba County Court convicted the accused of use of a firearm while committing an indictable offence - See paragraphs 1 to 25.

Criminal Law - Topic 1726

Robbery - What constitutes - The accused was not present at the scene of a robbery, but Crown evidence indicated the accused offered and scanned the robbery, that he was the first to arrive at an accomplice's home after the robbery and that all the robbers were at his home before the robbery, where they obtained a gun and tuque which were used in the robbery - The Manitoba County Court convicted the accused of robbery - See paragraphs 1 to 25.

Criminal Law - Topic 5505

Evidence and witnesses - Testimony of accomplices and co-defendants - General principles - The Manitoba County Court stated that it is dangerous to convict on the uncorroborated evidence of an accomplice, but a conviction may be based on such evidence, if the court believes it to be true - See paragraph 3.

Evidence - Topic 214

Inferences and weight of evidence - Inference of knowledge - The police found a revolver concealed in the accused's home - Many people stayed with the accused, entering and leaving the home at all times - The Manitoba County Court refused to infer knowledge of the presence of the revolver by the accused, merely because the weapon was found in his home - See paragraph 27.

Evidence - Topic 2401

Presumptions - Specific - Inference from failure to call available evidence - The police found a revolver concealed in the accused's home - The accused made a statement about the revolver to the police, but the statement was not produced at trial by the Crown - The Manitoba County Court drew an inference adverse to the Crown for failing to produce the statement - See paragraph 27.

Cases Noticed:

Adel Muhammed el Dabbah v. A.-G. Palestine, [1944] A.C. 156, consd. [para. 23].

Statutes Noticed:

Criminal Code of Canada, R.S.C. 1970, c. C-34, sect. 21(1) [para. 2].

Counsel:

B. Miller, for the Crown;

J. Gindin, for the accused.

This case was heard by LOCKWOOD, C.C.J., of the Manitoba County Court, Judges' Criminal Court for the Eastern Judicial District, who on March 4, 1980, delivered the following judgment: