Toni Brinck

The Crown sought to commit the accused to trial on several charges, including attempted murder, aggravated assault, and discharging a firearm with intent, arising from a home invasion robbery.

The preliminary inquiry judge found sufficient evidence to commit the accused to trial on the charges of robbery, break and enter, aggravated assault, and discharging a firearm, based on party liability.

However, the judge discharged the accused on the attempted murder charge, finding no evidence that the accused was the shooter or had the requisite subjective intent to kill.

At the close of the Crown's case in a jury trial for conspiracy to commit murder and related firearms offences, the accused moved for a directed verdict of acquittal on the conspiracy count.

The accused argued there was no evidence they participated in a conspiracy to murder the complainant.

The court reviewed the circumstantial evidence, including a prior bank fraud involving the parties, cell phone communications, video surveillance of the accused acting in concert, and the coordinated ambush of the complainant.

Applying the test for a directed verdict, the court found there was some admissible evidence upon which a reasonable jury, properly instructed, could infer an agreement to murder the complainant.

The application for a directed verdict was dismissed.