P (the client), J and R were walking down the street when R decided to rob a young male walking in the opposite direction. R punched the young man in the face and took his wallet and cell phone.
The 3 of them ran when this happened. They then met up with 3 other friends, A and S.
P, J, R and R got in S’s car and drove around. “S” and “R” wanted to rob more people. “A” gave “R” a knife to hold.
After getting some food at the McDonalds, “S” drove quickly to two other young men getting off a bus. All 5 males got out and walked towards the two young men.
R held the knife out and told them to give them their valuables. “A” took the items from the young men and everybody left.
All 5 males were arrested however “S” spoke to police and told them that he was just a bystander. Surprisingly, the police believed him and used “S” as a witness against the other 4.
The Crown’s evidence suggested that all 4 males (other than “S”) were directly involved in the robberies.
At trial, David Anber cross examined “S” at length where it became clear that he was lying about his involvement and about who did what in the group. Mr. Anber also cross examined the 3 victims. While all 3 victims were clearly robbed, they were not certain if Mr. Anber’s client had done anything other than be present.
At the time, P.F. was on a recognizance (bail) to not be out of his house.
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