Elspeth Lindsay

The two accused were charged with multiple firearm and assault offences following a home invasion where the complainant was shot in the neck.

The Crown's case relied on circumstantial evidence, including video surveillance, DNA, and gunshot residue, to identify the accused as two of the three perpetrators.

The court dismissed a lost evidence application regarding unseized video surveillance.

Ultimately, the court found one accused guilty as a party to the offences based on DNA and circumstantial evidence connecting him to the scene.

However, the court acquitted the other accused, finding that the circumstantial evidence raised a reasonable doubt about his presence during the shooting.

The Crown and the two accused brought several pre-trial motions ahead of a re-trial for murder and aggravated assault arising from a shooting at a house party.

The court ruled on the admissibility of various pieces of evidence, including post-offence conduct, a photograph of the deceased, a lead fragment, ammunition, and black socks with gunshot residue.

The court also dismissed a Charter application challenging a search warrant, finding the accused lacked standing as he had abandoned the apartment.

Finally, the court denied the accused's request to sit at counsel table, ordering them to remain in separate prisoner's docks with leg belts due to significant security concerns and antagonistic defences.