R. v. Mohammed (V.A.) (1992), 83 Man.R.(2d) 162 (CA);
36 W.A.C. 162
MLB headnote and full text
Her Majesty The Queen (respondent) v. Vin Ashmeed Mohammed (accused/appellant)
(Suit No. A.R. 91-30-00246)
Indexed As: R. v. Mohammed (V.A.)
Manitoba Court of Appeal
Scott, C.J.M., Huband and Lyon, JJ.A.
September 9, 1992.
Summary:
Five street prostitutes were assaulted at knife point over a four month period. The accused was charged as the assailant in all five cases with numerous offences.
The Manitoba Court of Queen’s Bench, in a decision reported at 72 Man.R.(2d) 39, found the accused guilty of certain offences respecting each victim. The accused was later sentenced. The accused appealed both conviction and sentence.
The Manitoba Court of Appeal dismissed the appeals.
Criminal Law – Topic 207
Common law defences – Alibi – The Manitoba Court of Queen’s Bench stated that if, on the whole of the evidence, an alibi raises a reasonable doubt, the accused is entitled to be acquitted – If the alibi is not believed but is not positively disproved, rejection is not affirmative evidence of guilt but simply writes the evidence out of consideration – But if a noncredible alibi cannot fortify weak identification, strong identification can destroy a weak alibi – An appeal to the Manitoba Court of Appeal was dismissed.
Criminal Law – Topic 5214.1
Evidence – Witnesses – Admissibility and relevancy – Similar acts – To prove identity of accused – The accused was charged with a series of assaults on street prostitutes – The issue was identification – The accused was clearly found to be the assailant in two cases – The Manitoba Court of Queen’s Bench discussed whether similar act evidence could be admitted for the purpose of establishing identification in the remaining cases – The court convicted the accused of, inter alia, assaults and/or weapons offences in all cases, relying on the similarities between the assailant and the proven conduct and character of the accused – An appeal to the Manitoba Court of Appeal was dismissed.
Criminal Law – Topic 5231
Evidence – Witnesses – Rebuttal evidence – General – The Manitoba Court of Queen’s Bench referred to the general rule that contradiction on collateral matters was not permitted – The court noted that, as a general rule, credibility is a collateral issue, but that any facts, whether in the form of statements or not, which establish bias on the part of a witness, may be put on cross-examination and independently proved if desired – An appeal to the Manitoba Court of Appeal was dismissed.
Criminal Law – Topic 5855
Sentence – Robbery – A 21 year old accused was charged with offences respecting five separate incidents of violence involving street prostitutes – The accused was on probation and on bail – The Manitoba Court of Queen’s Bench sentenced the accused to a five year term of imprisonment on an aggravated assault charge, a five year consecutive term for one count of robbery and to two three year terms (concurrent) on the other robbery charges – A one year term (concurrent) was imposed in regard to four counts of possession of a weapon dangerous to the public peace – The accused appealed the total sentence on the grounds the court failed to take into account the accused’s nonviolent record and his age – The Manitoba Court of Appeal dismissed the appeal.
Criminal Law – Topic 5871
Sentence – Possession and use or sale of weapons – [See
Criminal law – Topic 5855
].
Criminal Law – Topic 5932
Sentence – Sexual assault – [See
Criminal Law – Topic 5855
].
Criminal Law – Topic 5938
Sentence – Aggravated assault – [See
Criminal Law – Topic 5855
].
Evidence – Topic 511
Presentation of evidence – Rebuttal evidence – Criminal cases – [See
Criminal Law – Topic 5231
].
Counsel:
B.H. Sinder, for the appellant;
G.A. Lawlor, for the respondent.
This appeal was heard at Winnipeg, Manitoba, on September 9, 1992, before Scott, C.J.M., Huband and Lyon, JJ.A., of the Manitoba Court of Appeal. The following decision was delivered for the court on that date by Scott, C.J.M.
