Accused charged with various offences arising from a high speed police chase, including robbery. Accused was driving a stolen vehicle, when he stopped and approached another vehicle that had pulled over to the side of the road. Accused got out of the stolen vehicle, and approached the complainant’s vehicle. When the complainant began to roll down his window, the accused forced the driver’s door open and grabbed the complainant’s arm. The complainant pushed the accused out and shut the door. The accused then fled. Issue as to whether robbery proven.
Held: Acquitted of robbery, convicted of assault.
Robbery under 343(c) CC requires proof that the accused’s actions were “with intent to steal”. Nothing was said by the accused, and nothing was taken by him. Nor was there evidence that the accused tried to pull the complainant from his vehicle. Accused’s intent was merely “highly suspicious”.
A. Fay – Defence Counsel