Allison MacPherson

At the close of the Crown's case in a jury trial for conspiracy to commit murder and related firearms offences, the accused moved for a directed verdict of acquittal on the conspiracy count.

The accused argued there was no evidence they participated in a conspiracy to murder the complainant.

The court reviewed the circumstantial evidence, including a prior bank fraud involving the parties, cell phone communications, video surveillance of the accused acting in concert, and the coordinated ambush of the complainant.

Applying the test for a directed verdict, the court found there was some admissible evidence upon which a reasonable jury, properly instructed, could infer an agreement to murder the complainant.

The application for a directed verdict was dismissed.

The accused applied to sever a five-count indictment involving sexual assault, criminal harassment, breach of probation, and two child pornography possession charges.

Applying the balancing framework from R. v. Last, the court considered prejudice to the accused, factual nexus between counts, strategic decisions about testifying, and trial efficiency.

The court found that the historical sexual assault allegation, involving a different complainant and events more than a decade earlier, lacked a legal or factual nexus to the other charges and risked significant moral prejudice if tried together.

The remaining four charges arising from events in 2012 were also severed into two separate trials to preserve the accused’s ability to testify selectively.

The court ordered three separate trials, with the sexual assault charge to be heard by a different judge.

The accused was charged with two counts of possession of child pornography arising from photographs and a three‑volume journal containing images and written commentary seized during search warrants.

The accused conceded possession but argued that some materials were not child pornography and that the journal fell within the judicially created private-use exception recognized in R. v. Sharpe.

The court held that several images clearly met the definition of child pornography under s. 163.1(1) of the Criminal Code and that significant portions of the journal advocated or counselled sexual activity with persons under eighteen.

The Sharpe private-use exception did not apply because the journal incorporated pornographic images sourced from outside materials rather than being created solely by the accused.

The court found the accused guilty on both counts.

The accused was charged with criminal harassment and breach of probation after leaving a series of unwanted, obsessive voicemails for the complainant at her workplace in 2012.

The accused and the complainant had no contact for 12 years following a previous criminal harassment charge and peace bond in 2001.

The court found that the accused's conduct constituted repeated communication that caused the complainant to reasonably fear for her safety.

The court also found the accused possessed the requisite mens rea of recklessness, as he subjectively appreciated the risk his conduct posed but persisted anyway.

The accused was found guilty of both charges.

The offender, a repeat firearms offender with an extensive criminal record, was convicted of possessing a loaded prohibited firearm and breaching a lifetime weapons prohibition order for the fifth time.

The Crown sought a 20-year sentence, while the defence argued for 7 to 8 years.

The court found that the offender's repeated failure to abide by firearms laws and prior lenient sentences meant rehabilitation was not a significant factor, prioritizing specific deterrence and public protection.

The court imposed a total sentence of 11.5 years, consisting of 9 years for the firearms possession and a consecutive 2.5 years for breaching the prohibition order, reduced to 7.5 years net after granting enhanced credit for pre-sentence custody.