Trial on a charge of robbery. While intoxicated, accused became involved in a dispute with a cab driver regarding a fare. Accused felt that he was owed 85 cents. Both parties got out of the cab and started to fight. Accused then produced a metal weed pipe, and threatened the cab driver. Accused eventually re-entered the cab and took some items as “collateral” for the perceived 85 cent debt. Items recovered.
The accused deprived the complainant of his property, albeit temporarily, and did not have colour of right. “Personal violence” within the meaning of s. 343(b) CC proven. As per Callihoo, 2006 ABPC 347, “personal violence” includes situations where an accused attempts to cause harm, or threatens to cause bodily harm.
M. Khan – Defence Counsel