Vincent Anthony Tommasone v. Her Majesty the Queen

(Ontario) (Criminal) (By Leave)


Criminal law.


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Criminal law – Whether Court of Appeal failed to apply standards of R. v. Gauthier, 2013 SCC 32, to applicant’s defense of abandonment – Whether failure by trial court and Court of Appeal to make any proper finding of fact that applicant made a significant contribution to attempted robbery, apart from his presence at the scene, contravenes Ezokola v. Canada (Citizenship and Immigration), 2013 SCC 40

The applicant was charged with committing a robbery outside a bank, in concert with two co conspirators, and being masked while doing so. The Crown relied on the testimony of two eye witnesses and the complainant. The applicant and a co-conspirator stood together outside a bank, masked, awaiting the victim’s arrival. The applicant’s co-conspirator grabbed the victim and they struggled, the victim fell, and the applicant and his co-conspirator fled. The applicant claimed that they did not intend to rob the victim that night and that he abandoned the venture when he realized that one of his co-conspirators was about to commit an actual robbery. He and one of his co-conspirators testified that they went to the scene with intent only to feel things out and when the applicant realised that a robbery actually was about to occur, he said he would not participate.