Soo bandhigida oo keliya
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S… Speaker 1 (Court Session 3)
Big sleeves and sharp edges.
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S… Speaker 1 (Court Session 3)
Please be seated.
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S… Speaker 2 (Court Session 3)
Crown,
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S… Speaker 1 (Court Session 3)
ready to proceed today?
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S… Speaker 3 (Court Session 3)
Yep.
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S… Speaker 3 (Court Session 3)
Of course,
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S… Speaker 2 (Court Session 3)
my Lord.
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S… Speaker 2 (Court Session 3)
Thank
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S… Speaker 1 (Court Session 3)
you. Defence?
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S… Speaker 1 (Court Session 3)
Ready to proceed,
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S… Speaker 1 (Court Session 3)
my Lord.
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S… Speaker 1 (Court Session 3)
No.
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S… Speaker 1 (Court Session 3)
As I understand from the last day,
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S… Speaker 1 (Court Session 3)
both the Crown and Defence have arrested their cases,
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S… Speaker 1 (Court Session 3)
and we are ready for summations.
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S… Speaker 1 (Court Session 3)
We'll allow the Crown to proceed first with their summation.
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S… Speaker 2 (Court Session 3)
Of
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S… Speaker 2 (Court Session 3)
course, my Lord.
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S… Speaker 3 (Court Session 3)
My lord and honourable members of the jury,
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S… Speaker 3 (Court Session 3)
thank you for your time considering this case.
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S… Speaker 3 (Court Session 3)
As the Crown has shown through evidence and testimony,
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S… Speaker 3 (Court Session 3)
the two accused,
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S… Speaker 3 (Court Session 3)
Matlock Manitoba and Mason Perry,
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S… Speaker 3 (Court Session 3)
are beyond a reasonable doubt guilty of break and enter in relation
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S… Speaker 3 (Court Session 3)
to a dwelling house to commit the indictable offence of robbery.
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S… Speaker 3 (Court Session 3)
The Crown also proved beyond a reasonable doubt the accused committed the indictable offence of
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S… Speaker 3 (Court Session 3)
robbery against the victim,
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S… Speaker 3 (Court Session 3)
Monty Hall.
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S… Speaker 3 (Court Session 3)
Both of the accused were placed unlawfully in Monty Hall's residence through evidence and testimony
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S… Speaker 3 (Court Session 3)
of three witnesses.
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S… Speaker 1 (Court Session 3)
Could you just slow down just
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S… Speaker 1 (Court Session 3)
a touch so that they can hang on every word?
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S… Speaker 3 (Court Session 3)
Items which were forcibly taken from Monty
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S… Speaker 3 (Court Session 3)
Hall during the robbery were found in the accused's possessions,
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S… Speaker 3 (Court Session 3)
and weapons used to commit the robbery were found discarded in a dumpster a very short
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S… Speaker 3 (Court Session 3)
distance from the accused.
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S… Speaker 3 (Court Session 3)
All of the evidence and testimonies point the fact that the accused did
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S… Speaker 3 (Court Session 3)
commit the above charges beyond any reasonable doubt.
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S… Speaker 3 (Court Session 3)
Monty Hall was sober,
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S… Speaker 3 (Court Session 3)
had decent recall of the events,
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S… Speaker 3 (Court Session 3)
but was obviously affected by the violent and terrifying crime committed against him.
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S… Speaker 3 (Court Session 3)
He was certain of the fact the front door and the back door opened at the same time.
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S… Speaker 3 (Court Session 3)
This supports a planned break and enter and robbery.
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S… Speaker 3 (Court Session 3)
Annie Hall is an independent witness,
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S… Speaker 3 (Court Session 3)
sober, and had a good,
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S… Speaker 3 (Court Session 3)
clear view of the individuals in the backyard.
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S… Speaker 3 (Court Session 3)
Officer York was detailed and thorough,
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S… Speaker 3 (Court Session 3)
and with police dog Macy is an expert in tracking.
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S… Speaker 3 (Court Session 3)
Scott Anderson,
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S… Speaker 3 (Court Session 3)
while testifying,
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S… Speaker 3 (Court Session 3)
was very unsure of many things.
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S… Speaker 3 (Court Session 3)
such as times and dates.
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S… Speaker 3 (Court Session 3)
He also had no knowledge of what occurred after Mason Perry left his house and
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S… Speaker 3 (Court Session 3)
is also there to help the two accused and is such not an independent witness.
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S… Speaker 3 (Court Session 3)
The witness,
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S… Speaker 3 (Court Session 3)
Monty Hall, identified Matlock,
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S… Speaker 3 (Court Session 3)
Manitoba during the robbery after forcing his way into the house and threatening him
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S… Speaker 3 (Court Session 3)
with a weapon.
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S… Speaker 3 (Court Session 3)
Matlock was also identified by Mason Perry fleeing the house around the time of the break
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S… Speaker 3 (Court Session 3)
and enter and he was also known to be waiting for Mason Perry with his vehicle near the Monty
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S… Speaker 3 (Court Session 3)
Hall residence.
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S… Speaker 3 (Court Session 3)
He was found to have been fleeing the scene immediately after
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S… Speaker 3 (Court Session 3)
the B &E and robbery.
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S… Speaker 3 (Court Session 3)
Again?
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S… Speaker 3 (Court Session 3)
Oh, sorry.
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S… Speaker 1 (Court Session 3)
Slow down just a touch.
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S… Speaker 3 (Court Session 3)
And found to possess the victim's wallet and
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S… Speaker 3 (Court Session 3)
ID stolen during the break and enter robbery,
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S… Speaker 3 (Court Session 3)
within minutes of the offence and within two blocks.
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S… Speaker 3 (Court Session 3)
There is no reasonable explanation for having these items unless
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S… Speaker 3 (Court Session 3)
he had committed the robbery.
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S… Speaker 3 (Court Session 3)
The evidence which proves Mason Perry committed the crime includes she
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S… Speaker 3 (Court Session 3)
was in possession of a watch that the victim,
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S… Speaker 3 (Court Session 3)
Monty Hall, testified was his watch.
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S… Speaker 3 (Court Session 3)
And there is no reasonable explanation as
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S… Speaker 3 (Court Session 3)
to why she would have his watch unless she had taken it from him during the robbery.
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S… Speaker 3 (Court Session 3)
Annie Hall also saw two individuals fleeing the house,
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S… Speaker 3 (Court Session 3)
which is consistent with Mason Perry's statement that she was at the victim's
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S… Speaker 3 (Court Session 3)
house and ran with Matlock.
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S… Speaker 3 (Court Session 3)
Annie Hall is also an independent witness,
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S… Speaker 3 (Court Session 3)
as she has no ties to either party and nothing to gain.
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S… Speaker 3 (Court Session 3)
Mason Perry's post -offense conduct
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S… Speaker 3 (Court Session 3)
also shows her guilt,
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S… Speaker 3 (Court Session 3)
as there was no reason for her to run with Matlock unless she was also guilty of committing the offence,
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S… Speaker 3 (Court Session 3)
as she could have waited for Matlock by the vehicle if she was going for a ride.
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S… Speaker 3 (Court Session 3)
This evidence was presented to the court and proves beyond any reasonable doubt that the two accused committed
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S… Speaker 3 (Court Session 3)
the offence of break and entering and committing robbery.
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S… Speaker 3 (Court Session 3)
That's all,
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S… Speaker 3 (Court Session 3)
Millard.
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S… Speaker 1 (Court Session 3)
Thank you very much.
4:02
S… Speaker 2 (Court Session 3)
Ladies and gentlemen
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S… Speaker 4 (Court Session 3)
of the jury, I would like to go through with you chronologically the oral and physical
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S… Speaker 4 (Court Session 3)
evidence that has been considered during this trial.
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S… Speaker 4 (Court Session 3)
This has been a case of misidentification.
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S… Speaker 4 (Court Session 3)
I would like to discuss the alleged victim,
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S… Speaker 4 (Court Session 3)
Mr.
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S… Speaker 4 (Court Session 3)
Monty Hull,
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S… Speaker 4 (Court Session 3)
stated both the accused that entered his home were male.
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S… Speaker 4 (Court Session 3)
So, ladies and gentlemen,
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S… Speaker 4 (Court Session 3)
how is it possible that my client,
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S… Speaker 4 (Court Session 3)
Ms.
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S… Speaker 4 (Court Session 3)
Mason Perry,
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S… Speaker 4 (Court Session 3)
was even there?
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S… Speaker 4 (Court Session 3)
If Mr.
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S… Speaker 4 (Court Session 3)
Hall believes both the accused were male,
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S… Speaker 4 (Court Session 3)
how can we believe his testimony is credible when we have a male and female
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S… Speaker 4 (Court Session 3)
here today?
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S… Speaker 4 (Court Session 3)
In fact,
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S… Speaker 4 (Court Session 3)
the only description he gave was one of the accusers wearing a mask,
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S… Speaker 4 (Court Session 3)
and that individual was smaller than him.
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S… Speaker 4 (Court Session 3)
The man wearing the ski mask,
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S… Speaker 4 (Court Session 3)
according to Mr.
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S… Speaker 4 (Court Session 3)
Hall, took his wallet.
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S… Speaker 4 (Court Session 3)
According to Constable York,
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S… Speaker 4 (Court Session 3)
the individual with the wallet...
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S… Speaker 4 (Court Session 3)
was our client,
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S… Speaker 4 (Court Session 3)
Matlock Manitoba,
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S… Speaker 4 (Court Session 3)
and Mr.
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S… Speaker 4 (Court Session 3)
Hall identified him as the accused without the mask on.
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S… Speaker 4 (Court Session 3)
As you can see,
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S… Speaker 4 (Court Session 3)
Ms.
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S… Speaker 4 (Court Session 3)
Perry is wearing glasses and was wearing
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S… Speaker 4 (Court Session 3)
glasses when she was taken into custody.
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S… Speaker 4 (Court Session 3)
There is no identification from Mr.
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S… Speaker 4 (Court Session 3)
Hall about the individuals in the house wearing glasses that day.
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S… Speaker 4 (Court Session 3)
Ladies and gentlemen,
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S… Speaker 4 (Court Session 3)
for those of you who have studied eyewitness testimony,
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S… Speaker 4 (Court Session 3)
our client has been identified from a very short interaction,
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S… Speaker 4 (Court Session 3)
and he was under extreme duress,
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S… Speaker 4 (Court Session 3)
which of course distorts the memory.
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S… Speaker 4 (Court Session 3)
In relation to the physical evidence presented in court,
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S… Speaker 4 (Court Session 3)
I have two questions.
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S… Speaker 4 (Court Session 3)
Where is the ski mask,
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S… Speaker 4 (Court Session 3)
and where are the fingerprints of my client on the knife and gun?
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S… Speaker 5 (Court Session 3)
Mr.
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S… Speaker 4 (Court Session 3)
Hall testified under oath that his watch,
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S… Speaker 4 (Court Session 3)
that this watch in court today,
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S… Speaker 4 (Court Session 3)
might not be his.
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S… Speaker 4 (Court Session 3)
We believe that this watch was unlawfully taken and belongs to
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S… Speaker 4 (Court Session 3)
Ms. Perry's father,
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S… Speaker 4 (Court Session 3)
like she had stated numerous times as a police officer.
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S… Speaker 2 (Court Session 3)
Now,
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S… Speaker 4 (Court Session 3)
ladies and gentlemen, I would like to take you through Constable York.
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S… Speaker 4 (Court Session 3)
Constable York stated in his notes that he seized a knife and gun an
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S… Speaker 4 (Court Session 3)
hour and 20 minutes before Mr.
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S… Speaker 4 (Court Session 3)
Hall even stated that his home was invaded.
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S… Speaker 4 (Court Session 3)
That is impossible.
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S… Speaker 4 (Court Session 3)
Constable York also stated that Mr.
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S… Speaker 4 (Court Session 3)
Hall and Annie Hall identified both the weapons together.
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S… Speaker 4 (Court Session 3)
Well, Miss Annie Hall testified she didn't even leave her house,
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S… Speaker 4 (Court Session 3)
nor was she able to identify the two individuals very well.
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S… Speaker 4 (Court Session 3)
Regarding Constable York's statement in court,
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S… Speaker 4 (Court Session 3)
he says he saw two figures running out of the backyard.
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S… Speaker 4 (Court Session 3)
This is impossible as Annie Hall,
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S… Speaker 4 (Court Session 3)
who witnessed the two individuals running out of the backyard,
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S… Speaker 4 (Court Session 3)
and then called the police.
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S… Speaker 4 (Court Session 3)
Constable York would like to have you believe that it is an offence in Canada for
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S… Speaker 4 (Court Session 3)
a female to be wearing a male's watch.
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S… Speaker 4 (Court Session 3)
Constable York had no reasonable grounds to take that watch off my client's wrist.
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S… Speaker 4 (Court Session 3)
I submit to you,
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S… Speaker 4 (Court Session 3)
ladies and gentlemen, that Constable York is wrong.
7:03
S… Speaker 6 (Court Session 3)
Ladies and gentlemen of the jury,
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S… Speaker 6 (Court Session 3)
it is not the job of the defence to prove innocence,
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S… Speaker 6 (Court Session 3)
but rather the job of the Crown to prove beyond reasonable doubt guilt.
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S… Speaker 6 (Court Session 3)
Throughout this case,
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S… Speaker 6 (Court Session 3)
we as the defense strongly believe the Crown has not succeeded in doing this task.
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S… Speaker 6 (Court Session 3)
Our clients,
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S… Speaker 6 (Court Session 3)
Mason Perry and Matlock Manitoba,
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S… Speaker 6 (Court Session 3)
have been victims of inadequate investigation coupled with unreliable
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S… Speaker 6 (Court Session 3)
eyewitness reports.
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S… Speaker 6 (Court Session 3)
In regards to Mr.
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S… Speaker 6 (Court Session 3)
Manitoba, being in possession of another person's wallet in and of itself does
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S… Speaker 6 (Court Session 3)
not mean he is guilty of the charges he is being pressed against.
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S… Speaker 6 (Court Session 3)
Just as a woman wearing a male's
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S… Speaker 6 (Court Session 3)
watch is not an offense within Canada.
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S… Speaker 6 (Court Session 3)
Throughout the hearing,
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S… Speaker 6 (Court Session 3)
you heard multiple cases of uncertainty from witnesses.
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S… Speaker 6 (Court Session 3)
But from our client,
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S… Speaker 6 (Court Session 3)
Mason Perry,
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S… Speaker 6 (Court Session 3)
there was no uncertainty of the events which occurred.
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S… Speaker 6 (Court Session 3)
To close,
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S… Speaker 6 (Court Session 3)
in this day and age of DNA research,
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S… Speaker 6 (Court Session 3)
expertise in forensics,
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S… Speaker 6 (Court Session 3)
and advances we have made in technology in the field of forensics identification,
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S… Speaker 6 (Court Session 3)
we find it odd that not a single piece of forensic evidence,
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S… Speaker 6 (Court Session 3)
either from the weapons,
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S… Speaker 6 (Court Session 3)
are accused were to allegedly have that evening.
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S… Speaker 6 (Court Session 3)
or from the house they were allegedly inside,
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S… Speaker 6 (Court Session 3)
was entered as evidence in court these last days.
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S… Speaker 6 (Court Session 3)
We would ask that you find our clients,
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S… Speaker 6 (Court Session 3)
Matlock, Manitoba,
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S… Speaker 6 (Court Session 3)
and Mason Perry,
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S… Speaker 6 (Court Session 3)
not guilty of all charges.
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S… Speaker 6 (Court Session 3)
We respectfully submit that the Crown has not proven their case beyond
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S… Speaker 6 (Court Session 3)
a reasonable doubt.
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S… Speaker 6 (Court Session 3)
Thank you,
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S… Speaker 6 (Court Session 3)
ladies and gentlemen.
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S… Speaker 2 (Court Session 3)
Members
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S… Speaker 1 (Court Session 3)
of the jury.
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S… Speaker 1 (Court Session 3)
You've heard the testimony over the last two days,
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S… Speaker 1 (Court Session 3)
two previous days,
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S… Speaker 1 (Court Session 3)
and you've also heard the summations put
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S… Speaker 1 (Court Session 3)
forward by the Crown and the defense in this matter.
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S… Speaker 1 (Court Session 3)
In a moment,
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S… Speaker 1 (Court Session 3)
I'm going to be sending you to make
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S… Speaker 1 (Court Session 3)
a decision with respect to these events
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S… Speaker 1 (Court Session 3)
and make a decision as to whether Mr.
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S… Speaker 1 (Court Session 3)
Perry...
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S… Speaker 1 (Court Session 3)
and Ms.
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S… Speaker 1 (Court Session 3)
Perry and Mr.
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S… Speaker 1 (Court Session 3)
Matlock Manitoba are guilty of
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S… Speaker 1 (Court Session 3)
the offences and the charges before them.
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S… Speaker 1 (Court Session 3)
I want to ask you to consider certain
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S… Speaker 1 (Court Session 3)
things.
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S… Speaker 1 (Court Session 3)
The charge is that on
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S… Speaker 1 (Court Session 3)
the 15th day of January 2016 near the city of Lethbridge in the province of
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S… Speaker 1 (Court Session 3)
Alberta, did break and enter a place to a dwelling house
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S… Speaker 1 (Court Session 3)
with the intent to commit an indictable offence therein,
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S… Speaker 1 (Court Session 3)
and that indictable offence is robbery.
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S… Speaker 1 (Court Session 3)
And the other count,
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S… Speaker 1 (Court Session 3)
the second count,
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S… Speaker 1 (Court Session 3)
is that on the 15th day of January 2016,
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S… Speaker 1 (Court Session 3)
I renewed the city of Lethbridge and the province over,
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S… Speaker 1 (Court Session 3)
did commit robbery of Maudie.
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S… Speaker 1 (Court Session 3)
call, contrary to section 344 of the criminal code.
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S… Speaker 1 (Court Session 3)
So,
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S… Speaker 1 (Court Session 3)
in these charges,
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S… Speaker 1 (Court Session 3)
you have to look at all the elements that
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S… Speaker 1 (Court Session 3)
are in the offense.
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S… Speaker 1 (Court Session 3)
Now,
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S… Speaker 1 (Court Session 3)
just to quickly break and enter.
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S… Speaker 1 (Court Session 3)
To break is not necessarily to damage.
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S… Speaker 1 (Court Session 3)
Now the Crown has alluded that there was damage to both doors
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S… Speaker 1 (Court Session 3)
of Mr.
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S… Speaker 1 (Court Session 3)
Hall's residence.
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S… Speaker 1 (Court Session 3)
However, breaking means essentially crossing a threshold
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S… Speaker 1 (Court Session 3)
into a premises where you have not had permission
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S… Speaker 1 (Court Session 3)
or you have not been invited in.
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S… Speaker 1 (Court Session 3)
So breaking and
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S… Speaker 1 (Court Session 3)
the entering.
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S… Speaker 1 (Court Session 3)
The robbery...
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S… Speaker 1 (Court Session 3)
Different than theft means that there has to be an
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S… Speaker 1 (Court Session 3)
element of either violence
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S… Speaker 1 (Court Session 3)
or a threat of violence towards the
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S… Speaker 1 (Court Session 3)
victim.
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S… Speaker 1 (Court Session 3)
So that must be proven.
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S… Speaker 1 (Court Session 3)
You also have to...
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S… Speaker 1 (Court Session 3)
prove that the evidence given by the Crown with respect
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S… Speaker 1 (Court Session 3)
to the date,
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S… Speaker 1 (Court Session 3)
time,
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S… Speaker 1 (Court Session 3)
and the jurisdiction of this court is
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S… Speaker 1 (Court Session 3)
also taken into consideration.
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S… Speaker 1 (Court Session 3)
Now,
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S… Speaker 1 (Court Session 3)
a couple of other things that we have to look at as well
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S… Speaker 1 (Court Session 3)
is the word intent.
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S… Speaker 1 (Court Session 3)
And intent means mens rea,
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S… Speaker 1 (Court Session 3)
it means a guilty mind,
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S… Speaker 1 (Court Session 3)
an acting,
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S… Speaker 1 (Court Session 3)
operating mind.
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S… Speaker 1 (Court Session 3)
In other words,
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S… Speaker 1 (Court Session 3)
there had to be some idea that they intended to
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S… Speaker 1 (Court Session 3)
do what they did,
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S… Speaker 1 (Court Session 3)
not that this was just something that they came across.
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S… Speaker 1 (Court Session 3)
So there has to be the mental capacity in
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S… Speaker 1 (Court Session 3)
this case.
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S… Speaker 1 (Court Session 3)
So those are the main
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S… Speaker 1 (Court Session 3)
issues.
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S… Speaker 1 (Court Session 3)
With the robbery,
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S… Speaker 1 (Court Session 3)
to commit the robbery,
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S… Speaker 1 (Court Session 3)
as I say, compared to theft,
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S… Speaker 1 (Court Session 3)
is the violence or the intent to
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S… Speaker 1 (Court Session 3)
commit violence or a threat of violence.
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S… Speaker 1 (Court Session 3)
So those are the things that you need to consider.
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S… Speaker 1 (Court Session 3)
The other part is that in
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S… Speaker 1 (Court Session 3)
our...
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S… Speaker 1 (Court Session 3)
justice system in a criminal matter unlike
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S… Speaker 1 (Court Session 3)
a civil matter you must find guilt beyond
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S… Speaker 1 (Court Session 3)
a reasonable doubt reasonableness is what would
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S… Speaker 1 (Court Session 3)
a reasonable person do or believe in the same circumstances
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S… Speaker 1 (Court Session 3)
so beyond a reasonable doubt is what the crown must
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S… Speaker 1 (Court Session 3)
prove as it was stated by the defense
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S… Speaker 1 (Court Session 3)
The Crown is under the obligation to prove all the elements
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S… Speaker 1 (Court Session 3)
of the case beyond a reasonable doubt.
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S… Speaker 1 (Court Session 3)
If you cannot come to a decision,
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S… Speaker 1 (Court Session 3)
a unanimous decision,
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S… Speaker 1 (Court Session 3)
that these offenses
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S… Speaker 1 (Court Session 3)
did take place and they took place by both
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S… Speaker 1 (Court Session 3)
the accused Perry and Manitoba,
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S… Speaker 1 (Court Session 3)
then you must render a decision of not
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S… Speaker 1 (Court Session 3)
guilty in this matter.
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S… Speaker 1 (Court Session 3)
So at this point,
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S… Speaker 1 (Court Session 3)
we're going to adjourn.
13:14
S… Speaker 1 (Court Session 3)
There will be someone that will be taking the jury
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S… Speaker 1 (Court Session 3)
to a jury room.
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S… Speaker 1 (Court Session 3)
The court clerk will take you to the jury room.
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S… Speaker 1 (Court Session 3)
And due to our circumstance here,
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S… Speaker 1 (Court Session 3)
you will have approximately 15 minutes,
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S… Speaker 1 (Court Session 3)
at which time the...
13:33
S… Speaker 1 (Court Session 3)
Court clerk will come back and check to see how
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S… Speaker 1 (Court Session 3)
you're doing with your decision.
13:40
S… Speaker 1 (Court Session 3)
In this case,
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S… Speaker 1 (Court Session 3)
I don't want just guilty or not guilty to
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S… Speaker 1 (Court Session 3)
the accused.
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S… Speaker 1 (Court Session 3)
I also want you to tell me,
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S… Speaker 1 (Court Session 3)
the jury foreperson,
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S… Speaker 1 (Court Session 3)
who is that?
13:50
S… Speaker 1 (Court Session 3)
The foreperson,
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S… Speaker 1 (Court Session 3)
I will expect that when you give that verdict,
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S… Speaker 1 (Court Session 3)
you tell me why your jury has
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S… Speaker 1 (Court Session 3)
made that decision.
14:03
S… Speaker 1 (Court Session 3)
Okay, so until 15 minutes
14:08
S… Speaker 1 (Court Session 3)
from now would be approximately,
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S… Speaker 1 (Court Session 3)
let's say,
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S… Speaker 1 (Court Session 3)
20 to the hour,
14:15
S… Speaker 1 (Court Session 3)
we'll reconvene.
14:18
S… Speaker 1 (Court Session 3)
So until that time,
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S… Speaker 1 (Court Session 3)
we are adjourned.
14:20
S… Speaker 2 (Court Session 3)
Please be
14:25
S… Speaker 2 (Court Session 3)
seated. The
14:33
S… Speaker 1 (Court Session 3)
jury is all
14:37
S… Speaker 1 (Court Session 3)
back.
14:37
S… Speaker 1 (Court Session 3)
Mr.
14:39
S… Speaker 1 (Court Session 3)
Foreperson,
14:39
S… Speaker 1 (Court Session 3)
would you please...
14:42
S… Speaker 1 (Court Session 3)
There's been two matters that you were charged with
14:46
S… Speaker 1 (Court Session 3)
in this case.
14:47
S… Speaker 1 (Court Session 3)
You have two accused and you have two counts.
14:52
S… Speaker 1 (Court Session 3)
So what I'm going to ask you first
14:57
S… Speaker 1 (Court Session 3)
is to have...
15:00
S… Speaker 1 (Court Session 3)
Mason Perry,
15:01
S… Speaker 1 (Court Session 3)
please stand and face the jury.
15:02
S… Speaker 1 (Court Session 3)
Mr.
15:07
S… Speaker 1 (Court Session 3)
Foreperson,
15:07
S… Speaker 1 (Court Session 3)
in this situation,
15:10
S… Speaker 1 (Court Session 3)
regarding count number one,
15:12
S… Speaker 1 (Court Session 3)
which is the break -and -enter dwelling house with the intent to
15:16
S… Speaker 1 (Court Session 3)
commit therein an indictable offense of robbery,
15:18
S… Speaker 1 (Court Session 3)
how do you find this accused?
15:21
S… Speaker 7 (Court Session 3)
I'm not guilty.
15:23
S… Speaker 2 (Court Session 3)
Okay.
15:24
S… Speaker 1 (Court Session 3)
And on the second count of did
15:29
S… Speaker 1 (Court Session 3)
commit the robbery of Monty Hall,
15:31
S… Speaker 1 (Court Session 3)
contrary to Section 344,
15:33
S… Speaker 1 (Court Session 3)
how do you find?
15:33
S… Speaker 7 (Court Session 3)
Okay.
15:36
S… Speaker 1 (Court Session 3)
And as requested,
15:40
S… Speaker 1 (Court Session 3)
could you please explain to the court why
15:45
S… Speaker 1 (Court Session 3)
you found Ms.
15:47
S… Speaker 1 (Court Session 3)
Perry not guilty?
15:48
S… Speaker 7 (Court Session 3)
We did not believe that there was enough evidence to prove
15:52
S… Speaker 7 (Court Session 3)
without a reasonable doubt that she had committed.
15:56
S… Speaker 7 (Court Session 3)
their offenses.
15:57
S… Speaker 7 (Court Session 3)
Yeah,
15:59
S… Speaker 7 (Court Session 3)
we just didn't.
16:03
S… Speaker 1 (Court Session 3)
Okay. For what reasons did you find that
16:08
S… Speaker 1 (Court Session 3)
there was reasonable doubt?
16:09
S… Speaker 7 (Court Session 3)
Just in the ways that there was not.
16:12
S… Speaker 7 (Court Session 3)
Specifics.
16:16
S… Speaker 7 (Court Session 3)
Specifics like,
16:16
S… Speaker 7 (Court Session 3)
say, the walk here.
16:17
S… Speaker 7 (Court Session 3)
Okay.
16:42
S… Speaker 1 (Court Session 3)
I'm going to leave my sentencing,
16:46
S… Speaker 1 (Court Session 3)
et cetera, until Mr.
16:49
S… Speaker 1 (Court Session 3)
Manitoba is dealt with.
16:51
S… Speaker 1 (Court Session 3)
Ms.
16:52
S… Speaker 1 (Court Session 3)
Perry, you may sit down for now.
16:54
S… Speaker 1 (Court Session 3)
On the second
16:58
S… Speaker 1 (Court Session 3)
accused in this matter,
17:00
S… Speaker 1 (Court Session 3)
Matlock Perry.
17:01
S… Speaker 1 (Court Session 3)
Mr.
17:02
S… Speaker 1 (Court Session 3)
Perry, would you please stand and face the jury.
17:04
S… Speaker 2 (Court Session 3)
Mr.
17:06
S… Speaker 1 (Court Session 3)
Foreperson.
17:07
S… Speaker 8 (Court Session 3)
Sorry,
17:09
S… Speaker 1 (Court Session 3)
Matlock, Manitoba.
17:10
S… Speaker 1 (Court Session 3)
Sorry.
17:10
S… Speaker 1 (Court Session 3)
Thank you.
17:15
S… Speaker 1 (Court Session 3)
Mr.
17:15
S… Speaker 1 (Court Session 3)
Manitoba faced the jury,
17:17
S… Speaker 1 (Court Session 3)
and in this case,
17:18
S… Speaker 1 (Court Session 3)
on count number one,
17:19
S… Speaker 1 (Court Session 3)
Mr.
17:20
S… Speaker 1 (Court Session 3)
Foreperson, how did the jury find?
17:21
S… Speaker 7 (Court Session 3)
Guilty.
17:23
S… Speaker 1 (Court Session 3)
On the second charge
17:27
S… Speaker 1 (Court Session 3)
of robbery of Monty Hall,
17:29
S… Speaker 1 (Court Session 3)
how did you find?
17:30
S… Speaker 7 (Court Session 3)
Okay,
17:32
S… Speaker 1 (Court Session 3)
and again,
17:33
S… Speaker 1 (Court Session 3)
giving some specifics,
17:36
S… Speaker 1 (Court Session 3)
why did you find?
17:37
S… Speaker 7 (Court Session 3)
Size,
17:44
S… Speaker 7 (Court Session 3)
stature.
17:45
S… Speaker 7 (Court Session 3)
They were able to identify him
17:49
S… Speaker 7 (Court Session 3)
specifically.
17:50
S… Speaker 7 (Court Session 3)
The dog was able to track directly
17:54
S… Speaker 7 (Court Session 3)
located,
17:55
S… Speaker 7 (Court Session 3)
following the send.
18:11
S… Speaker 1 (Court Session 3)
Thank you,
18:13
S… Speaker 1 (Court Session 3)
Mr.
18:13
S… Speaker 1 (Court Session 3)
Foreperson.
18:14
S… Speaker 1 (Court Session 3)
Mr.
18:17
S… Speaker 1 (Court Session 3)
Manitoba,
18:18
S… Speaker 1 (Court Session 3)
you may sit.
18:19
S… Speaker 1 (Court Session 3)
And Ms.
18:20
S… Speaker 1 (Court Session 3)
Perry, would you please stand?
18:22
S… Speaker 1 (Court Session 3)
Ms.
18:24
S… Speaker 1 (Court Session 3)
Perry, jury in this matter has
18:29
S… Speaker 1 (Court Session 3)
found you not guilty on both counts and therefore free
18:34
S… Speaker 1 (Court Session 3)
to go.
18:35
S… Speaker 1 (Court Session 3)
You have not been kept in custody.
18:36
S… Speaker 1 (Court Session 3)
With respect,
18:41
S… Speaker 1 (Court Session 3)
To the watch in this situation,
18:45
S… Speaker 1 (Court Session 3)
the exhibit of the watch,
18:46
S… Speaker 1 (Court Session 3)
I am going to order,
18:49
S… Speaker 1 (Court Session 3)
saying there is no indication that this watch was
18:53
S… Speaker 1 (Court Session 3)
the property of Mr.
18:55
S… Speaker 1 (Court Session 3)
Hall and that there is a situation where the
18:59
S… Speaker 1 (Court Session 3)
accused has not been found guilty of possession of
19:04
S… Speaker 1 (Court Session 3)
that instrument, I am going to order that that watch be returned to Ms.
19:08
S… Speaker 1 (Court Session 3)
Perry.
19:09
S… Speaker 1 (Court Session 3)
by the court upon completion.
19:11
S… Speaker 1 (Court Session 3)
You are free to go,
19:13
S… Speaker 1 (Court Session 3)
Ms.
19:14
S… Speaker 1 (Court Session 3)
Perry. Mr.
19:16
S… Speaker 1 (Court Session 3)
Manitoba, you've been found guilty
19:20
S… Speaker 1 (Court Session 3)
of both counts in this matter,
19:23
S… Speaker 1 (Court Session 3)
and we are going to set
19:28
S… Speaker 1 (Court Session 3)
a date for how
19:34
S… Speaker 1 (Court Session 3)
long would you need to prepare a summary?
19:38
S… Speaker 2 (Court Session 3)
Two months,
19:42
S… Speaker 6 (Court Session 3)
you're on, or my lord.
19:43
S… Speaker 1 (Court Session 3)
Okay, I think that's a little bit long.
19:47
S… Speaker 1 (Court Session 3)
We are going to release
19:51
S… Speaker 1 (Court Session 3)
Mr.
19:53
S… Speaker 1 (Court Session 3)
Manitoba on his
19:57
S… Speaker 1 (Court Session 3)
own recognizance at this point.
20:00
S… Speaker 1 (Court Session 3)
to be back in court for sentencing in one month from
20:04
S… Speaker 1 (Court Session 3)
today's date,
20:04
S… Speaker 1 (Court Session 3)
as long as the Monday,
20:08
S… Speaker 1 (Court Session 3)
one month from now.
20:09
S… Speaker 1 (Court Session 3)
Until that time,
20:12
S… Speaker 1 (Court Session 3)
you will be required to
20:16
S… Speaker 1 (Court Session 3)
report weekly to the Lethbridge Mock Police Service,
20:19
S… Speaker 1 (Court Session 3)
and the bailiff will give you the information
20:24
S… Speaker 1 (Court Session 3)
with respect to that.
20:25
S… Speaker 2 (Court Session 3)
Okay,
20:26
S… Speaker 1 (Court Session 3)
other than that, this court is now adjourned.
20:35
S… Speaker 1 (Court Session 3)
For the purpose of time,
20:37
S… Speaker 1 (Court Session 3)
if you want to just have a seat,
20:39
S… Speaker 1 (Court Session 3)
I know.
20:40
S… Speaker 1 (Court Session 3)
Mr.
20:45
S… Speaker 1 (Court Session 3)
Bartley has asked me to make some comments with
20:49
S… Speaker 1 (Court Session 3)
respect to the cases,
20:51
S… Speaker 1 (Court Session 3)
your participation.
20:56
S… Speaker 1 (Court Session 3)
First of all,
20:57
S… Speaker 1 (Court Session 3)
I'm not a judge,
20:58
S… Speaker 1 (Court Session 3)
okay?
20:59
S… Speaker 1 (Court Session 3)
I've taught this course numerous times.
21:03
S… Speaker 1 (Court Session 3)
I've also had a lot of experience in my previous life in
21:08
S… Speaker 1 (Court Session 3)
policing to testify or be in court on a lot of occasions.
21:12
S… Speaker 1 (Court Session 3)
So the whole idea of this trial and this exercise,
21:17
S… Speaker 1 (Court Session 3)
which is new this semester,
21:19
S… Speaker 1 (Court Session 3)
is to try to help you
21:22
S… Speaker 1 (Court Session 3)
succeed when it comes down to your next two trials.
21:24
S… Speaker 1 (Court Session 3)
Hopefully this has given you some idea of exactly
21:29
S… Speaker 1 (Court Session 3)
what is going to be expected of you and the process.
21:32
S… Speaker 1 (Court Session 3)
This is based on an actual case,
21:36
S… Speaker 1 (Court Session 3)
Marie's,
21:37
S… Speaker 1 (Court Session 3)
and it was set up to help you learn not to admonish,
21:41
S… Speaker 1 (Court Session 3)
okay?
21:41
S… Speaker 1 (Court Session 3)
So that's not,
21:43
S… Speaker 1 (Court Session 3)
but I am going to make some,
21:44
S… Speaker 1 (Court Session 3)
you are allowed to make mistakes without the consequences,
21:48
S… Speaker 1 (Court Session 3)
and that's what we're really doing here.
21:50
S… Speaker 1 (Court Session 3)
Some took advantage of this opportunity more than others.
21:54
S… Speaker 1 (Court Session 3)
Sometimes opportunities will...
21:59
S… Speaker 1 (Court Session 3)
Go to character and attitude.
22:01
S… Speaker 1 (Court Session 3)
And if it was no marks equals
22:05
S… Speaker 1 (Court Session 3)
no marks,
22:06
S… Speaker 1 (Court Session 3)
no effort, then that's up to you and that's your own personal decisions.
22:09
S… Speaker 1 (Court Session 3)
But this is an opportunity.
22:12
S… Speaker 1 (Court Session 3)
Don't waste this opportunity.
22:14
S… Speaker 1 (Court Session 3)
Take what you've learned from here regardless of what
22:18
S… Speaker 1 (Court Session 3)
role you played or if you played a specific role.
22:21
S… Speaker 1 (Court Session 3)
Look at what happened with your peers and how things worked out.
22:26
S… Speaker 1 (Court Session 3)
You had an opportunity to work with a senior prosecutor.
22:29
S… Speaker 1 (Court Session 3)
That is a gift,
22:32
S… Speaker 1 (Court Session 3)
an absolute gift,
22:34
S… Speaker 1 (Court Session 3)
and I'm sure the people with the Crown
22:38
S… Speaker 1 (Court Session 3)
would have understood.
22:39
S… Speaker 1 (Court Session 3)
The opportunity to have that sort of mentorship is phenomenal.
22:44
S… Speaker 1 (Court Session 3)
Also,
22:47
S… Speaker 1 (Court Session 3)
to have...
22:49
S… Speaker 1 (Court Session 3)
With Murray,
22:50
S… Speaker 1 (Court Session 3)
your instructor,
22:51
S… Speaker 1 (Court Session 3)
to have one -on -one mentorship with your instructor in
22:55
S… Speaker 1 (Court Session 3)
this day and age and in any sort of post -secondary is phenomenal
23:00
S… Speaker 1 (Court Session 3)
in itself.
23:00
S… Speaker 1 (Court Session 3)
And I know that I'm sure that you've shared that sort of feeling.

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