This is a preliminary inquiry decision determining whether the accused should be committed to stand trial on first-degree murder or second-degree murder charges.
The Crown alleged that the accused planned and deliberately murdered the victim by shooting him in the head.
The Crown's primary evidence was surveillance video showing the accused entering the victim's apartment with a gun pointed at the victim's back.
The defence conceded sufficient evidence existed for second-degree murder but contested first-degree murder.
The court found that while the surveillance video evidence of the gun was significant, when considered in the context of all evidence—including the accused allowing the victim to leave the apartment briefly, the absence of evidence of animus between the parties, and the lack of evidence of a struggle—the evidence did not support a reasonable inference of planning and deliberation required for first-degree murder.
The court discharged the accused on first-degree murder but committed him to stand trial on second-degree murder.
