The appellant appealed a jury conviction for attempted murder arising from a shooting in which the complainant survived a gunshot wound to the head.
The Court of Appeal held that the trial judge’s instructions on accidental discharge and intent were confusing, legally flawed, and improperly focused on capacity when capacity was not in issue.
The court further found that the absence of a sharp limiting instruction on highly prejudicial bad character evidence, including drug use, trafficking, gang affiliation, and illegal handgun possession, undermined trial fairness.
The court also noted improper Crown submissions inviting speculation on motive and planning.
The appeal was allowed, the conviction was set aside, and a new trial was ordered.
