REGINA V H.K. [PROVINCIAL COURT OF ALBERTA, AIRDRIE]

H was charged with an allegation of break and enter with intent to commit an indictable offence under section 348(1)(a) of the Criminal Code. A break and enter had occurred on a rural property where property was stolen. A single can was found in the garage where the break and enter occurred with the fingerprint of H on it. At trial the Crown called fingerprint experts to confirm the fingerprint, following cross-examination by Calgary Defence lawyer Curtis Mennie they also testified to the following:

  • There is no way of knowing when the fingerprint was put on the can,

  • Fingerprints can last on cans up to in indeterminate amount of time in the right conditions,

  • They do not know what conditions the can was in prior to it being discovered; and lastly

  • They do not know how many people may have handled the can before or after the fingerprint was put on the can.

The trial Judge found that the Crown has not proven beyond a reasonable doubt that the fingerprint was put on the can at the time of the break and enter and H was found not guilty.

Curtis Mennie