Conviction appeal on charges including aggravated assault and robbery. 87 year old victim. Sole issue at trial was proof of identity. Complainant testified that he knew the accused, as the accused had been a tenant of his for several years. Complainant did express uncertainty about what year the assault occurred in.
Held: Appeal dismissed.
The case did not rest solely on dock identification, as the parties knew each other. In accordance with s. 601(4.1) CC, any issue regarding the exact date of the offence was not material. “It is of no consequence if the date specified in the information differs from that arising from the evidence unless the time of the offence is critical and the accused may be misled by the variance and therefore prejudiced in his or her defence”: B(G)  2 SCR 30.
Royal – Defence Counsel