G. Grill

The applicant, one of four individuals charged with first-degree murder, brought applications to sever his trial from his co-accused or, alternatively, to admit a co-accused's post-arrest statement as hearsay.

The applicant, alleged to be the second getaway driver, sought to rely on the co-accused's statement that he was highly intoxicated on the morning of the murder to support defences of lack of intent and abandonment.

The court dismissed the severance application, finding the proposed evidence was largely inadmissible self-serving hearsay and lacked proximity to the offence.

The court also dismissed the hearsay application, concluding the co-accused was a highly unreliable source, the statement contained double hearsay, lacked corroboration, and its admission would be highly prejudicial to the other co-accused.

Youth sentencing decision following convictions for manslaughter, aggravated assault, careless use of a firearm, and possession of a firearm without a licence arising from a shooting in an apartment building lobby.

The young person fired a handgun at individuals who had just assaulted him with a baseball bat, killing one person and grazing another while they fled.

The court considered significant mitigating factors including elements of self-defence and provocation, cognitive developmental delays affecting decision-making, remorse, and substantial rehabilitative progress during lengthy pre‑trial custody.

Applying the principles of proportionality and least restrictive sanction under the Youth Criminal Justice Act, and accounting for 22 months of pre‑trial custody, the court imposed a 2.5‑year custody and supervision order with one day of custody and the balance under community supervision.

A young person was tried for second degree murder, attempted murder, discharging a firearm with intent to endanger life, careless use of a firearm, and unlawful possession of a firearm following a lobby shooting that resulted in a death and injury.

The accused admitted firing the gun but asserted self‑defence after being struck on the head with a baseball bat during a group attack.

The court found the accused had a reasonable belief of a threat and a defensive purpose, but concluded that firing multiple shots at retreating attackers was objectively unreasonable.

The court held the Crown failed to prove the intent required for murder or attempted murder.

The accused was convicted of manslaughter, aggravated assault, careless use of a firearm, and possession of a firearm without a licence.