J. Capozzi

The Crown applied for certiorari with mandamus in aid to review a preliminary inquiry judge's decision discharging the respondents on charges of first degree murder.

The preliminary inquiry judge had committed one respondent for second degree murder and the other for accessory after the fact, concluding there was 'no evidence' of planning and deliberation.

The Superior Court found that the preliminary inquiry judge committed jurisdictional error by concluding there was no evidence, rather than insufficient evidence, given the circumstantial evidence of the respondents following the deceased and shooting him.

The application was granted, the discharges quashed, and the matter remitted with a direction to commit both respondents for first degree murder.

The applicant, charged with accessory after the fact to murder, applied for judicial interim release.

The charges arose from an execution-style shooting in downtown Toronto where the applicant allegedly acted as the getaway driver.

The Crown was seeking certiorari to reinstate a first-degree murder charge.

The court denied bail, finding that while the primary and secondary grounds might be manageable with a strict supervision plan, detention was necessary under the tertiary ground to maintain public confidence in the administration of justice given the gravity and circumstances of the offence.