R. v. Engler (B.), (1991) 2 B.C.A.C. 164 (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), 2 B.C.A.C. 164 (CA)

R. v. Engler (B.) (1991), 2 B.C.A.C. 164 (CA);

    5 W.A.C. 164

MLB headnote and full text

Regina (respondent) v. Brian Engler (appellant)

(CA013032)

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

British Columbia Court of Appeal

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

June 5, 1991.

Summary:

The accused was convicted of robbery, unlawful confinement and theft. The accused appealed the convictions.

The British Columbia Court of Appeal dismissed the appeal.

Criminal Law - Topic 76

Res judicata - Multiple convictions for same subject matter precluded - General - The accused and another threatened the complainant with a knife, robbed him of his wallet, withdrew money at banking machines with his credit card and stole property from the complainant's home - They bound and gagged the complainant, then stole his car - The British Columbia Court of Appeal held that the Kienapple rule against multiple convictions did not preclude convictions for robbery, unlawful confinement and theft - There were distinct criminal acts committed separately.

Criminal Law - Topic 5253

Evidence - Witnesses - Identification - Proof of - Two men threatened the complainant with a knife, robbed him of his wallet, withdrew money at banking machines using his credit card, took property from his home and stole his car - The trial judge convicted the accused on the basis of the complainant's identification of him, photographs taken at the bank machines, a motel clerk's evidence and the fact that the accused was found two days later in possession of the complainant's car - The British Columbia Court of Appeal affirmed the convictions.

Cases Noticed:

R. v. Kienapple, [1975] 1 S.C.R. 729; 1 N.R. 322, refd to. [para. 5].

R. v. Blaney (1991), 1 B.C.A.C. 188 (C.A.), refd to. [para. 6].

Counsel:

S. Goldberg, for the appellant;

   L.W. Bernard, for the Crown.

This appeal was heard before MacEachern, C.J.B.C., Taylor and Wood, JJ.A., of the British Columbia Court of Appeal.

On June 5, 1991, Taylor, J.A., delivered the following judgment orally for the Court of Appeal: