The Crown brought an application for certiorari and mandamus to quash a preliminary inquiry judge's order discharging the respondents on charges of attempted murder following a gunfight outside a convenience store.
The preliminary inquiry judge had found insufficient evidence of intent to kill.
The Superior Court of Justice held that the preliminary inquiry judge committed jurisdictional error by impermissibly weighing circumstantial evidence, failing to prefer the inference most favourable to the Crown, and failing to consider the evidence as a whole.
The application was allowed, the discharge order was quashed, and mandamus was granted directing the committal of both respondents to stand trial for attempted murder.
