The appellant, Yasin Abdulle, appealed his conviction for second-degree murder and his 15-year parole ineligibility period.
The conviction appeal challenged the admission of evidence regarding prior violent incidents between rival gangs and the use of rap music lyrics during cross-examination.
The sentence appeal argued that the trial judge erred by minimizing the impact of systemic anti-Black racism on the appellant's moral culpability.
The Court of Appeal dismissed both appeals, finding no error in the admission of prior incident evidence or the use of rap lyrics for cross-examination.
While acknowledging the trial judge's error in dismissing evidence of anti-Black racism, the Court found this error did not impact the fit sentence, given the seriousness of the "near first-degree murder" offence and the need for denunciation and deterrence.
