An appeal in a Chilliwack case came down to identity and blood evidence on a pair of jeans.
B.C.’s top court has rejected a man’s appeal of a conviction for assault, kidnapping, extortion and choking in a drug-related case where two other men were also found guilty.
The August 2016 Chilliwack offences arose out of the confinement and beating of Richard Houle. It was motivated by an alleged drug debt, B.C. Court of Appeal Justice James Fitch said in the unanimous, three-judge Feb. 13 decision. Fitch said Houle recalled that Neil Cantrill introduced the second man as his son, Stephan, but could not recall the name of the third man.Lowry’s main avenue of appeal was that of identity. Lowry asserted on appeal that the trial judge reversed the burden of proof on the issue of identity; he claimed the judge erred in relying on evidence that blood associated with the victim was found on jeans the appellant was wearing at the time of the offences.
The judge said things almost immediately turned violent after Neil Cantrill said to Houle, “So, you think you can rip me off?” About that time, police received another call, this time from Houle’s neighbour, advising them of suspicious activity at the home.
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