calgary defence blog
A Defence lawyer's perspective on issues in criminal law
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Identity not in doubt prosecutor says
Posted in HOMICIDE, Tagged News ClippingsJune 23, 2007
IN COURT - Stabbing victim was able to identify his attackers outside Chinook Centre before his vision was drastically reduced by pepper spray they sprayed into his face, Crown prosecutor Roy Smith argued on Thursday.
“This isn’t a case of identity of strangers,” Smith told Court of Queen’s Bench Justice Rosemary Nation said in his final summation of the attempted murder trial.
“[the victim] said that during the course of struggling, he specifically recognized [one of the accused] after the bandana fell down from his face, he identified his voice, identified him in court and on police photo lineups, even though he had different facial hair on the first day of trial.
[the accused] is on trial for attempted murder, aggravated assault, two counts of assault with a weapon for pepper-spraying [the victim] and acquaintance and possession of a weapon dangerous to the public on Dec. 29, 2005.
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