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Defendants found guilty of reckless discharge of a firearm and related offences following a drive-by shooting.
The defendants were tried on charges including reckless discharge of a firearm, possession of restricted and prohibited firearms, and possession of property obtained by crime.
The charges arose from an incident where multiple shots were fired from a stolen white pick-up truck in a residential area.
The court found beyond a reasonable doubt that the defendants were occupants of the vehicle, acted in a joint enterprise, and intentionally discharged the firearms while reckless to the safety of others.
Both defendants were found guilty on all counts.
Charter applications to exclude evidence and stay proceedings were dismissed despite a section 10(b) breach.
The defendants, Andre Pyne and Sadri Zorjani, brought applications under sections 8, 9, 10(a), 10(b), and 24(2) of the Charter of Rights and Freedoms to exclude evidence, with Mr. Zorjani also seeking a stay of proceedings under section 24(1).
The court dismissed all applications, finding that police had reasonable grounds for arrest, there was no section 10(a) breach, and while a serious section 10(b) breach occurred due to delayed access to counsel, the evidence should not be excluded under section 24(2) as it was independently discovered and the breach was not deliberate or systemic.
The court also found that the high public interest in prosecuting gun crimes weighed against exclusion.
