B. Craig Bottomley

Simeon Harty was found guilty by a jury of second-degree murder and discharging a firearm with intent.

The court considered aggravating factors, including the use of a firearm, the offender's criminal record, and being on judicial interim release in violation of conditions.

Mitigating factors included his youth, pro-social behavior, community contributions, positive conduct in detention, and rehabilitation prospects.

The jury recommended 10 years parole ineligibility.

The court, comparing the case to R. v. Grant, imposed a life sentence with 14 years of parole ineligibility for murder and a concurrent 10-year sentence (7 years 7 months after pre-sentence custody credit) for discharging a firearm with intent.

Ancillary orders for DNA, weapons prohibition, and no-contact were also made.

The Crown applied for an order to permit two police officers to give non-expert opinion evidence identifying the accused from surveillance video in a first-degree murder and attempted murder trial.

The defence resisted the application.

The court found that both officers met the threshold for giving such evidence, having prior acquaintance with the accused and being in a better position than the jury to make the identification due to changes in the accused's appearance and their close interactions.

The court acknowledged potential issues regarding the weight of the evidence and prejudice from prior police contact but ruled the evidence admissible, inviting counsel to minimize the prejudicial risk.

The accused, charged with first degree murder and attempted murder, applied to sit at counsel table rather than in the dock during his trial.

The court balanced the interests of a fair trial and courtroom security.

Given the accused's in-custody status, criminal record, and institutional infractions, along with the critical need for the jury to have an unobstructed view of the accused for identification purposes, the application was dismissed.