Sgt. Gavin Jansz

During a trial for two counts of first degree murder, the Crown sought to cross-examine the accused on text messages and a video clip suggesting he possessed a firearm prior to the homicides.

The court ruled that the Crown could not suggest inferences from the text messages, as it would operate unfairly.

However, the court allowed the jury to consider the video clip showing the accused allegedly pointing a firearm, finding it admissible as evidence of access to means and that its probative value outweighed its prejudicial effect.

The accused, charged with two counts of first degree murder, applied for a directed verdict of acquittal at the close of the Crown's case.

The Crown's case relied on circumstantial evidence, including video surveillance, cell phone records, and expert evidence on the 'code of silence' to establish motive and opportunity.

The court applied the test for a directed verdict, assessing whether a reasonable jury, properly instructed, could convict based on the available evidence and reasonable inferences.

The court found that the totality of the direct and circumstantial evidence provided a sufficient basis for a jury to find the essential elements of the offences proven beyond a reasonable doubt.

The application was dismissed.

The accused were charged with conspiracy to commit robbery based primarily on intercepted wiretap communications over a three‑day period.

The defence argued the conversations amounted only to discussion or negotiation about a robbery and did not constitute an agreement.

The court reviewed the elements of conspiracy under s. 465 of the Criminal Code, emphasizing that the actus reus requires a true agreement or meeting of the minds to commit an indictable offence, though not all operational details must be settled.

Interpreting the wiretaps in context, the court found the accused had reached an agreement to rob a man seen counting money, conditional on obtaining a weapon and locating the target.

The subsequent failure to obtain the weapon merely frustrated the plan and did not negate the existence of the agreement.

Four young persons were charged with the first-degree murder of a sixteen-year-old victim who was shot and killed in a residential building staircase.

The Crown alleged that the accused lured the victim into the staircase as part of a planned and deliberate execution, relying heavily on surveillance video and extensive text message evidence containing gang slang.

The court found three of the accused guilty as joint principals or aiders, concluding they orchestrated and executed the plan.

The fourth accused was found not guilty, as the evidence raised suspicions but failed to prove his involvement beyond a reasonable doubt.

The young person applicant, charged with first degree murder alongside three co-accused, applied for a directed verdict on the basis of insufficient evidence.

The Crown relied on circumstantial evidence, including text messages, video surveillance, and the applicant's flight from the scene, to establish the applicant's participation in a planned and deliberate murder.

The court dismissed the application, finding that there was sufficient evidence upon which a properly instructed jury, acting reasonably, could return a verdict of guilty.