R. v. L.B.C.

(Calgary, P.C.).  Sometimes cases are hard and sometimes they are easier.  LBC avoided a potentially dangerous trial based on weak evidence because of the actions of the Crown -- acting in the finest tradition of the Crown prosecutor -- who "stayed" the charges, presumably due (at least in part) to obvious frailties in eyewitness identification. The accused was charged with unlawfully discharging a firearm, assault with a weapon (firearm) and a variety of other firearms offences arising from a shooting in downtown Calgary. Though nobody was injured the Prosecution always takes firearms offences seriously. In this case, the frailties of the case were also taken seriously with the direction of a "stay of proceedings".  A stay is effectively a withdrawal with the caveat that the Crown can bring a case back to life in very rare circumstances. Those circumstances include uncovering new evidence that could not have reasonably been foreseen or uncovered prior to the stay. LBC avoided a potentially dangerous trial because witnesses may have been compelled to point at him as the offender merely because he was sitting in an accused dock. Though "dock ID" is of little to no value, convictions based on this frail identification evidence do still occur. David Chow is a Calgary firearms lawyer and full service Calgary criminal lawyer.