A. Hope

At a preliminary hearing, the Crown sought committal on second degree murder charges following the death of a victim from injuries sustained in a physical altercation.

The defendant conceded that he was involved in a consensual fight with the deceased and that he unlawfully caused the injuries leading to death, but argued there was insufficient evidence of the specific intent required for second degree murder.

The Crown argued that circumstantial evidence supported an inference that the defendant intended to cause bodily harm he knew was likely to cause death and proceeded recklessly.

The court examined the evidence regarding the nature and severity of the assault, the relative physical condition of the parties, and the defendant's post-incident statements and conduct.

The four accused were charged with aggravated assault following an altercation with another inmate at a correctional centre.

The incident began as a consensual fight between one accused and the victim, but moved behind a partition out of view of surveillance cameras, where the victim sustained severe, life-threatening head injuries.

The Crown relied on surveillance video and the testimony of another inmate, but did not call the victim or other eyewitnesses.

The court found the inmate witness unreliable and the video insufficient to identify two of the accused.

Furthermore, the Crown failed to prove who inflicted the injuries or that there was a common intention to assault the victim.

All four accused were found not guilty.