The accused admitted shooting the deceased during an unlawful street transaction but argued that he acted in self-defence or, alternatively, lacked the mens rea for murder.
Applying the modified W.(D.) framework and the Supreme Court's self-defence analysis under s. 34 of the Criminal Code, the court rejected the accused's account as not credible and accepted eyewitness and video evidence showing the deceased was backing away with his hands up when the shooting began.
The court held there was no reasonable basis for a belief that force was being used or threatened, and in any event the later shots, including a return shot after the accused had already retreated, had no defensive purpose and were unreasonable.
On the totality of the circumstantial evidence, the court found the accused intended to kill or cause bodily harm he knew was likely to cause death and convicted him of second degree murder.
