A Toronto police officer was convicted of attempted murder for firing a second volley of six shots at a knife-wielding man lying on a streetcar floor, 5.5 seconds after an initial volley that had fatally wounded the victim.
The officer was acquitted of second-degree murder.
The Court of Appeal upheld the conviction and the six-year sentence, finding the verdicts were not inconsistent and that the mandatory minimum sentences for attempted murder with a firearm do not violate the Charter.
The court rejected the officer's constitutional challenges under sections 7 and 12 of the Charter and dismissed his application to adduce fresh evidence on appeal.
