A. La Bar

The offender was convicted by a jury of second degree murder after intentionally driving his SUV onto a sidewalk and killing the victim.

The court sentenced the offender to life imprisonment and set the period of parole ineligibility at 12 years.

The court considered the offender's extensive criminal record, the devastating impact on the victim's family, and the danger posed to the public as aggravating factors justifying an increase from the minimum 10-year period.

During a trial for second degree murder where the accused allegedly drove his SUV onto a sidewalk and killed the victim following a nightclub altercation, defence counsel requested that the defence of provocation be put to the jury.

The trial judge refused the request, finding no air of reality to the defence.

The judge concluded there was no evidence that an ordinary person would be deprived of self-control by the insults exchanged, no evidence the accused actually lost self-control, and no evidence that the insults or the accused's reaction were sudden.

During a trial for second degree murder, the accused brought an application for a stay of proceedings under s. 24(1) of the Charter, alleging the Crown breached its s. 7 disclosure obligations.

The accused argued the Crown failed to disclose that a key witness admitted to ongoing involvement in pin-pad frauds shortly before testifying.

The Superior Court of Justice dismissed the application, finding that the Crown's disclosure was otherwise exemplary, the omission was inadvertent, and the accused suffered no prejudice because the defence successfully elicited the witness's criminal conduct during cross-examination.