R. v. Blaney (B.R.), (1991) 1 B.C.A.C. 188 (CA)

• Judge: McEachern, C.J.B.C., Taylor and Wood, JJ.A.
• Court: Court of Appeal (British Columbia)
• Case Date: June 05, 1991
• Jurisdiction: British Columbia
• Citations: (1991), 1 B.C.A.C. 188 (CA)

R. v. Blaney (B.R.) (1991), 1 B.C.A.C. 188 (CA);

    1 W.A.C. 188

MLB headnote and full text

R. (respondent) v. Barry Ross Blaney (appellant)

(CA013044)

Indexed As: R. v. Blaney (B.R.)

British Columbia Court of Appeal

McEachern, C.J.B.C., Taylor and Wood, JJ.A.

June 5, 1991.

Summary:

The accused was convicted of sexual assault and attempting to suffocate his victim. The accused appealed.

The British Columbia Court of Appeal dismissed the appeal.

Criminal Law - Topic 4361

Procedure - Jury charge - Directions regarding identification - A woman, the accused and a friend of the accused were waiting for several minutes at a bus stop - The accused and the woman took the same bus - The accused followed the woman off the bus and sexually assaulted her - The woman identified the accused's friend from a police photograph - She later identified him at trial - The friend testified as to his acquaintance with the accused - The trial judge cautioned the jury respecting identification, but defence counsel complained that the identification of the friend was fundamentally flawed because the woman viewed the police picture before identifying the friend at the preliminary hearing - The British Columbia Court of Appeal reviewed the trial judge's charge and found no error.

Cases Noticed:

R. v. Hang (1990), 55 C.C.C.(3d) 195 (B.C.C.A.), refd to. [para. 14].

Counsel:

A. DeMeulemeester, for the accused;

   E. Bennett, for the Crown.

This appeal was heard in Vancouver, B.C., before McEachern, C.J.B.C., Taylor and Wood, JJ.A., of the British Columbia Court of Appeal. The decision of the court was delivered by Taylor, J.A., on June 5, 1991.