R. v. Pimentel (J.), (1995) 85 O.A.C. 395 (CA)
Judge | Dubin, C.J.O., Robins and Laskin, JJ.A. |
Court | Court of Appeal (Ontario) |
Case Date | October 02, 1995 |
Jurisdiction | Ontario |
Citations | (1995), 85 O.A.C. 395 (CA) |
R. v. Pimentel (J.) (1995), 85 O.A.C. 395 (CA)
MLB headnote and full text
Her Majesty The Queen (respondent) v. John Pimentel (appellant)
(C18362)
Indexed As: R. v. Pimentel (J.)
Ontario Court of Appeal
Dubin, C.J.O., Robins and Laskin, JJ.A.
September 20, 1995.
Summary:
An accused appealed his conviction for attempted forcible seizure.
The Ontario Court of Appeal allowed the appeal, set aside the conviction and acquitted the accused.
Criminal Law - Topic 5246
Evidence and witnesses - Identification - Line-up - General - The complainant gave a detailed description of her attacker - The attacker had uttered two phrases in Portuguese - The police observed the accused 45 minutes later approximately one-half mile from the location - He was Portuguese - His clothing did not match the attacker's - He denied the incident and consented to a line-up - The "line-up" consisted of the accused sitting in a restaurant - No steps were taken to ensure that others had similar physical characteristics and clothing - The complainant identified the accused - At the preliminary inquiry, the complainant gave a different description of the attacker, but recanted it at trial - The accused denied guilt and accounted for his whereabouts - The Ontario Court of Appeal concluded that the identification evidence did not support a conviction for attempted forcible seizure.
Counsel:
Clayton C. Ruby, for the appellant;
M. David Lepofsky, for the respondent.
This appeal was heard on September 20, 1995, before Dubin, C.J.O., Robins and Laskin, JJ.A., of the Ontario Court of Appeal.
Dubin, C.J.O, orally delivered the following judgment which was filed on October 2, 1995.
To continue reading
Request your trial-
Ontario Court Of Appeal Summaries (June 3 7, 2019)
...2002 SCC 39, R. v. Lewis, 2018 ONCA 351, R. v. Baltovich (2004), 73 O.R. (3d) 481 (C.A.), R. v. Gough, 2013 ONCA 137, R. v. Pimentel (1995), 85 O.A.C. 395 (C.A.), R. v. Tat (1997), 117 C.C.C. (3d) 481 (C.A.), R. v. Goran, 2008 ONA 195, 234 O.A.C. 283, Mezzo v. The Queen, [1986] 1 S.C.R. 802......
-
R. v. Wright, 2020 ONCJ 364
...16; R. v. Baltovich (2004), 73 O.R. (3d) 481 (C.A.), at para. 79; R. v. Gough, 2013 ONCA 137, at paras. 34, 38-39; and R. v. Pimentel (1995), 85 O.A.C. 395 (C.A.), at para. 11 And further at paragraphs 19 to 23: I start with the fact, which is common to many identification cases, tha......
-
R. v. Wright, 2020 ONCJ 364
...16; R. v. Baltovich (2004), 73 O.R. (3d) 481 (C.A.), at para. 79; R. v. Gough, 2013 ONCA 137, at paras. 34, 38-39; and R. v. Pimentel (1995), 85 O.A.C. 395 (C.A.), at para. 11 And further at paragraphs 19 to 23: I start with the fact, which is common to many identification cases, tha......
-
Ontario Court Of Appeal Summaries (June 3 7, 2019)
...2002 SCC 39, R. v. Lewis, 2018 ONCA 351, R. v. Baltovich (2004), 73 O.R. (3d) 481 (C.A.), R. v. Gough, 2013 ONCA 137, R. v. Pimentel (1995), 85 O.A.C. 395 (C.A.), R. v. Tat (1997), 117 C.C.C. (3d) 481 (C.A.), R. v. Goran, 2008 ONA 195, 234 O.A.C. 283, Mezzo v. The Queen, [1986] 1 S.C.R. 802......