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Accused found guilty of second-degree murder after nightclub shooting; self-defence and provocation claims rejected.
The accused was charged with second-degree murder following a shooting at a nightclub.
The accused admitted to shooting the deceased but claimed self-defence, arguing he feared for his life due to the deceased's history of violence and gang affiliation.
The court rejected the self-defence claim, finding the accused's response unreasonable given his role in instigating the confrontation and introducing a concealed firearm.
The court also rejected the partial defence of provocation, finding the accused did not lose self-control.
The accused was found guilty of second-degree murder.
Two accused were acquitted of firearm charges due to insufficient circumstantial evidence, while a third was convicted after a handgun was found in her purse.
This criminal trial involved three accused charged with various firearm-related offences following a shooting incident.
The Crown's case relied heavily on video surveillance, expert evidence on "characteristics of an armed person" and gunshot residue (GSR) analysis.
The court acquitted two accused, Sentoree Kamara and Shaquille Woodcock, finding that the circumstantial evidence did not establish their guilt beyond a reasonable doubt, particularly noting the limitations of the "characteristics of an armed person" evidence and potential GSR contamination.
However, the court found Shierine Shkais guilty of possession of a firearm, concluding that her questions about "minimums" while detained, combined with the firearm being found in her purse, indicated the requisite knowledge.
Expert evidence on armed person characteristics and gunshot residue was admitted with specific limitations.
Kemon Edwards was charged with firearm offences.
The Crown sought to admit expert evidence from Detective Scott Ferguson on the characteristics of an armed person based on surveillance video, and from Dr. Robert Gerard on gunshot residue (GSR) found on the accused's clothing.
The court qualified Detective Ferguson as an expert but limited his testimony to general characteristics, prohibiting him from commenting directly on the video's content to avoid usurping the jury's role.
Dr. Gerard's expertise on GSR detection was accepted, but his testimony was restricted from opining on the percentage of particle transfer from an unpublished study, though he could generally comment on the risk of contamination and the significance of particle numbers.
The court emphasized that contamination risks affect the weight of GSR evidence, not its admissibility, and are for the jury to assess.
Three young persons found guilty of first-degree murder based on text messages and surveillance; one acquitted.
Four young persons were charged with the first-degree murder of a sixteen-year-old victim who was shot and killed in a residential building staircase.
The Crown alleged that the accused lured the victim into the staircase as part of a planned and deliberate execution, relying heavily on surveillance video and extensive text message evidence containing gang slang.
The court found three of the accused guilty as joint principals or aiders, concluding they orchestrated and executed the plan.
The fourth accused was found not guilty, as the evidence raised suspicions but failed to prove his involvement beyond a reasonable doubt.