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: Monday 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.