R. v. Harvey et al., (1981) 11 Man.R.(2d) 411 (CoCt)

• Court: Provincial Court of Manitoba (Canada)
• Case Date: June 30, 1981
• Jurisdiction: Manitoba
• Citations: (1981), 11 Man.R.(2d) 411 (CoCt)

R. v. Harvey (1981), 11 Man.R.(2d) 411 (CoCt)

MLB headnote and full text

R. v. Stefiuk, Harvey, Arndt and Brooks

Indexed As: R. v. Harvey et al.

Manitoba County Court

Judges Criminal Court

Philp, C.C.C.J.

June 30, 1981.

Summary:

The four accused were charged with robbery.

The Manitoba County Court convicted the accused.

Criminal Law - Topic 2742

Parties to offence - Necessary intention or knowledge - The accused, Arndt, drove four others to an inn - Three of the four robbed the inn, while Arndt drove around the block and waited for the three to return - The Manitoba County Court held that Arndt was a party to the offence because he knew, at the inn, that the robbery was planned and waited for the three to return - See paragraph 22.

Criminal Law - Topic 4354

Procedure - Charge or directions to jury - Directions regarding evidence of accomplices - The Manitoba County Court discussed the dangers of accomplice evidence given on the Crown's behalf and the type of evidence necessary to corroborate an accomplice's evidence - See paragraphs 3 to 5.

Cases Noticed:

R. v. Horsburgh, [1968] 2 C.C.C. 288, folld. [para. 3].

R. v. Gameiro (1979), 43 C.C.C.(2d) 372, folld. [para. 4].

Counsel:

S. Leinburd, for the Crown;

C. Guberman, for the accused Harvey;

R. Wolson, for the accused Arndt;

D. Abra, for the accused Brooks.

This case was heard by PHILP, C.C.C.J., of the Manitoba County Court Judges Criminal Court, who on June 30, 1981, delivered the following oral judgment: