R. v. Metzger

Mr. Metzger was convicted of two counts of robbery, breaking and entering to steal a firearm, and disguise with intent in relation to 2017 home invasion. Mr. Metzger was convicted largely on the strength of DNA evidence which tied him to a cigarette butt found within the getaway vehicle 11 hours after the robbery. The trial judge concluded that this evidence permitted him to infer both recent possession of the vehicle and guilt in the robbery. The defence appealed the convictions to the Court of Appeal of Alberta on the grounds that the trial judge misapprehended the cigarette butt evidence when he found that it supported the conclusion that Mr. Metzger was in recent possession of the vehicle. The defence further argued that the trial judge misapplied the doctrine of recent possession in his reasons. A majority of the Court of Appeal upheld the verdict, holding that the trial judge did not misapprehend the evidence or err in law by relying on the doctrine of recent possession to infer guilt. Veldhuis J.A., dissenting, would have granted the appeal and substituted an acquittal, holding that the trial judge misapplied the doctrine of recent possession and that the verdict was unreasonable. The defendant appealed as of right to the Supreme Court of Canada. One of the main issues to be determined is whether the trial judge could reasonably convict on the basis of the cigarette butt evidence and the complainant’s testimony - that he may have heard the name "Metzger" spoken during the robbery.