James Little

This decision addresses the acquittal of Cadence Kakepetum on a charge of aggravated assault under s. 268 of the Criminal Code.

The court analyzed conflicting witness testimony, including that of a reluctant civilian witness, a co-accused youth who pled guilty, and an intoxicated bystander, alongside forensic evidence such as blood spatter and CCTV footage.

Applying the three-prong test from R. v. W.D. and considering the guidance from R. v. Hoohing and R. v. J.D., the court found reasonable doubt as to Ms. Kakepetum’s participation in the assault.

The forensic evidence and video corroborated her version of events, while the credibility of other witnesses was undermined by inconsistencies, intoxication, and self-serving testimony.

The accused was therefore acquitted.

Antonio Manzo was charged with four firearms-related counts stemming from an incident on May 6, 2020, where a Toyota Tundra was shot multiple times.

The Crown's case relied on circumstantial evidence, including civilian observations of the accused's vehicle near the scene, the subsequent discovery of a firearm (Ruger rifle) in his possession, and forensic evidence linking a spent shell casing from the scene to the Ruger.

The court found all Crown witnesses credible and concluded that the only reasonable inference from the evidence was that the accused fired the Ruger at the Tundra, causing the damage.

Manzo was found guilty on all counts.