The applicant, charged with two counts of first-degree murder and two firearms offences following a nightclub shooting, brought a motion for directed verdicts at the close of the Crown's case.
The applicant argued there was no evidence of planning and deliberation for the intended target, and no basis for liability regarding the unintended victims.
The court agreed there was insufficient evidence of planning and deliberation, directing verdicts of second-degree murder on the homicide counts.
However, the court found sufficient evidence of co-principal liability and transferred intent to leave the charges relating to the unintended victims to the jury.
