Adriana Moser

The accused was charged with second-degree murder after shooting the victim in a liquor store parking lot following a brief verbal altercation over social distancing.

The accused pleaded guilty to manslaughter, arguing that a combination of provocation (a racial slur and a brandished knife) and marijuana intoxication negated the specific intent for murder.

The court rejected the accused's evidence as not credible, finding that he deliberately followed the victim out of the store with a drawn, illegal handgun to confront him.

The court held that the Crown disproved the defences of provocation and intoxication beyond a reasonable doubt, and found the accused guilty of second-degree murder.

The Crown applied to admit a videotaped statement of a deceased witness under the principled exception to hearsay in a second-degree murder trial.

The witness had an extensive criminal record and was released on her own recognizance shortly before giving the statement, raising concerns about her motive to fabricate.

The court dismissed the application, finding that the inability to cross-examine the witness on her motives would seriously impair the respondent's right to make full answer and defence, thereby failing the threshold reliability requirement.

The defendant pleaded guilty to uttering a death threat, possessing a prohibited device, and possessing a loaded restricted firearm following a road rage incident where he brandished a handgun.

At the time, the defendant was on bail for drug and weapons charges in another province.

The court accepted a joint submission for a three-year global sentence.

The court awarded 166 days of credit for pre-trial custody, harsh pandemic conditions, and strict bail terms, resulting in a net sentence of 2 years and 178 days.