Bruce Finn

Benard Asante appealed his convictions for first-degree murder and attempted murder, challenging the trial judge's evidentiary rulings and jury instructions.

The appeal focused on the admission of prior firearms convictions (Corbett application), the admissibility of a photograph of a handgun found on the appellant's cell phone, and the jury instructions on party liability.

The Court of Appeal dismissed the appeal, finding no errors in the trial judge's exercise of discretion regarding the Corbett application, the admission of the photograph as circumstantial evidence of access to means, or the comprehensive and balanced jury instructions on aiding and party liability.

The accused was tried for unlawful possession of a prohibited firearm and unlawful possession of a loaded prohibited firearm.

During the execution of a search warrant by the Emergency Task Force at an 11th-floor apartment, an officer stationed outside observed a loaded Glock handgun being thrown from a bedroom window.

The accused and his girlfriend were found in the bedroom.

The court rejected the defence's arguments that the officer could not have seen the gun fall or that it was planted, and found the girlfriend's testimony that she did not throw the gun credible.

The court concluded beyond a reasonable doubt that the accused threw the loaded firearm out the window upon hearing the police breach the door, and found him guilty on both counts.

The accused and a co-accused were jointly charged with first-degree murder and attempted murder following a drive-by shooting.

During a pretrial motion, the Crown sought to admit a photograph of a handgun found on the accused's cell phone.

The court ruled the photograph admissible as circumstantial evidence of the accused's access to the type of weapon used in the shooting.

The court also addressed the admissibility of bad character evidence elicited by the co-accused in a cut-throat defence, noting it was admissible but required careful limiting instructions to the jury.