R. v. Haag, (1980) 8 Man.R.(2d) 400 (CoCt)

• Court: Provincial Court of Manitoba (Canada)
• Case Date: March 07, 1980
• Jurisdiction: Manitoba
• Citations: (1980), 8 Man.R.(2d) 400 (CoCt)

R. v. Haag (1980), 8 Man.R.(2d) 400 (CoCt)

MLB headnote and full text

R. v. Haag

Indexed As: R. v. Haag

Manitoba County Court

Judges' Criminal Court

Eastern Judicial District

Lockwood, C.C.J.

March 7, 1980.

Summary:

This case arose out of a charge of break, enter and theft contrary to s. 306(b) of the Criminal Code. The value of property involved exceeded $200.00.

The Manitoba County Court, Judges' Criminal Court, acquitted the accused because the Crown failed to prove identification beyond a reasonable doubt.

Criminal Law - Topic 5253

Evidence and witnesses - Identification - Proof of - The Manitoba County Court, Judges' Criminal Court, discussed the dangers of convicting an accused where identification is an issue and particularly where identification depends on the evidence of one witness.

Cases Noticed:

R. v. Spatola, 10 C.R.N.S. 143, folld. [para. 13].

R. v. Brown and Angus, 99 C.C.C. 141, refd to. [para. 14].

Statutes Noticed:

Criminal Code of Canada, R.S.C. 1970, c. C-34, sect. 306(b) [para. 1].

Counsel:

D. Rampersad, for the Crown;

S. Nozick, 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.

On March 7, 1980, LOCKWOOD, C.C.J., delivered the following judgment: