The appellants appealed their convictions for second degree murder arising from a circumstantial case that they killed the deceased in order to steal and export his newly purchased vehicle.
The Court of Appeal rejected challenges to jury selection, exclusion of alleged third-party suspect evidence, and numerous aspects of the jury charge, including instructions on separate liability, recent possession, reasonable doubt, circumstantial evidence, manslaughter, and post-offence conduct.
The court also held that the co-accused's cut-throat closing address did not warrant severance or a mistrial, and that any improper advocacy was adequately corrected by the trial judge.
The convictions were upheld and the Crown's contingent cross-appeal was not addressed.
