[REDACTED]

Ontario Superior Court of Justice

 

Her Majesty the Queen

Respondent

 

and

 

[REDACTED]

Applicant

 

Released: [REDACTED]

 

[REDACTED], for Crown

[REDACTED], for Accused

 

[REDACTED]

 

Ruling

 

The accused was charged with 42 offences related to 5 separate home invasions. The accused was subpoenaed to testify at the preliminary hearing of the co-accused. While at the courthouse, the accused was identified in the hallway by the complainants. At his trial, the accused applied to exclude this identification evidence. The application was granted in part: the admission of the hallway evidence would have a substantial adverse effect on trial fairness and its use would violate the accused's right against self-incrimination, as the evidence was obtained by the state compulsion in issuing subpoena. The identification of the accused in the hallway was ruled inadmissible in trial.

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