Dr. McAuliffe

This decision addresses jury instructions on modes of participation for two accused, Richard Ireland and Trayon Johnson, in a joint jury trial for second-degree murder and attempted murder.

The Crown's application for Ireland as a principal (s. 21(1)(a) Criminal Code) and Johnson as an aider (s. 21(1)(b) Criminal Code) was granted.

The Crown's application for Johnson as a co-principal (s. 21(2) Criminal Code) was dismissed, as was Johnson's request for the jury to be instructed only on s. 21(2) and thus preclude a second-degree murder verdict for him.

The court found an air of reality for Johnson's conviction as an aider but not as a co-principal for second-degree murder.

During a trial for first-degree murder, the Crown sought to leave forcible confinement murder under s. 231(5)(e) of the Criminal Code with the jury as a route to liability.

The accused admitted to shooting the victim but claimed it was an accident.

The court applied the air of reality test and found that, based on the primary facts and circumstantial evidence, a properly instructed jury could reasonably infer that the accused forcibly confined the victim by moving him from the front seat to the back seat of his car at gunpoint before shooting him.

The court ruled that this route of liability would be left with the jury.

The offender was convicted of second degree murder by a jury for the manual strangulation of a disabled drug dealer.

The Crown sought a parole ineligibility period of 12 to 15 years, while the defence sought the statutory minimum of 10 years.

The court considered the aggravating factors, including the breach of trust, the victim's vulnerability, and the theft of drugs and money.

The court also considered the offender's Indigenous background and the Gladue factors, which contributed to his substance abuse issues.

The court sentenced the offender to life imprisonment with a parole ineligibility period of 11 years, reducing it from 12 years to reflect the Gladue factors.

The appellant was convicted of first-degree murder after the deceased was found in a submerged vehicle.

At trial, the Crown relied on unchallenged toxicology evidence suggesting the deceased died within 15 to 20 minutes of his last drink, supporting the theory of a planned murder.

On appeal, the appellant sought to introduce fresh toxicology evidence, conceded as correct by the Crown, showing the trial expert's time estimate was scientifically unsound.

The Court of Appeal applied the Palmer test and admitted the fresh evidence, finding it could reasonably be expected to have affected the jury's verdict.

The appeal was allowed, the conviction quashed, and a new trial ordered.