Three appellants were convicted of first-degree murder in the 2018 shooting death of Nnamdi Ogba.
The appellants appealed on seven grounds, including challenges to jury instructions on modes of participation, admissibility of expert gang evidence, after-the-fact conduct evidence, firearm videos, W.(D.) instructions, Browne v. Dunn breaches, and jury roll compilation errors.
The Court of Appeal found that the jury instructions on modes of participation under sections 21(1)(b) and 21(2) of the Criminal Code were deficient and that there was no air of reality to section 21(2) liability.
The court allowed the appeals, set aside the convictions, and ordered a new trial.
The court upheld the admissibility of expert gang evidence and other evidentiary rulings.
