36529 Daniel Charlton v. Her Majesty the Queen
Criminal law – Appeals – Evidence
There was a knock on the door of a family home late one night. The family’s 15 year old boy answered. Three masked men forced their way into the home by jabbing the muzzle of a sawed-off shotgun into his stomach. They bound his wrists with packing tape, ransacked the house and stole electronics, two televisions, video games and the keys to the family Mercedes. Two left with the car. The third went out the back door. At trial, the applicant’s application for a mistrial was dismissed. The main issue at trial was identity. The applicant was convicted of multiple counts relating to the robbery, the confinement and various firearms counts. The applicant’s appeal from conviction was dismissed.