Three accused were convicted of aggravated assault and firearm offences in connection with a drive-by shooting, with the Crown's case resting entirely on circumstantial evidence.
The trial judge found that the only rational inference from the evidence was that the Crown proved all essential elements beyond a reasonable doubt.
The majority of the British Columbia Court of Appeal dismissed the conviction appeals, holding the verdicts were not unreasonable.
The Supreme Court unanimously dismissed the further appeals, adopting the reasons of the Court of Appeal majority.
The Court confirmed that despite a misstatement of law regarding circumstantial evidence in the trial reasons, the trial judge correctly applied the law, making resort to the curative proviso unnecessary.
