R. v. S.B.B.

(Airdrie P.C. - Indecent Act). SBB was charged with indecent act in relation to an incident that occurred in an Airdrie parking lot. Indecent act is a Criminal Code offence where a person does an "indecent act", such as exposing him or herself, in a public place in the presence of one or more persons. Indecent act is an all things considered relatively minor Criminal Code offence because if prosecuted by Indictment, the accused is liable to a maximum 2 years incarceration. Most indictable offences carry a maximum of 10 years or more. 

In SBB's case, there was a serious issue whether the accused could be identified as the culprit. An essential element to be proven in any criminal case is the identity of the accused. "Identification" must be correct and proven beyond a reasonable doubt. In SBB's case witnesses had difficulties because the person who was allegedly observed was in a motor vehicle and the opportunity to get a good look at the person was fleeting. By itself, fleeting glance identification is almost certainly to be insufficient to prove that the culprit was in fact the accused. In SBB's case, the accused walked into the Courtroom, in direct view of witnesses who still could not make an identification. 

Charged with a criminal offence in Airdrie, Alberta -- call a qualified Airdrie criminal lawyer for a consultation. David Chow is a Calgary based Airdrie criminal lawyer, with offices in both Calgary and Cochrane. David offers a free initial telephone consultation. David defends all criminal cases, including sexual assault, criminal harassment and indecent act.