The accused, charged with second-degree murder, brought a motion for a directed verdict of acquittal at the close of the Crown's case, arguing there was no evidence of the requisite intent for murder.
The defence contended that a 1.5-minute gap in the circumstantial evidence meant the jury would have to speculate on intent.
The court dismissed the motion, applying the common sense inference that a sane and sober person intends the natural consequences of their actions.
The court found that firing a shotgun at close range into the victim's lower torso provided a sufficient evidentiary foundation for a properly instructed jury to infer the intent required for murder.
