D. Newton

The offender was convicted by a jury of second degree murder, attempted murder, and firearms offences following a public shooting at a shopping mall.

The offender fired at an intended target but missed, instead striking and killing an innocent bystander.

The court sentenced the offender to life imprisonment with no parole eligibility for 14 years for the murder, alongside concurrent sentences of 12 years for attempted murder and 8 years for the firearms offences.

The court rejected the application of the rule against multiple convictions for the attempted murder charge, noting the offences involved different victims.

The Crown sought to admit statements made by three defendants charged in relation to a first degree murder.

The defendants argued the statements were involuntary and obtained in breach of their Charter rights.

The court found all three statements were voluntary.

Mr. Kerr's statement was admitted despite a minor s. 10(b) breach.

Mr. Samuel's statement was admitted as no Charter breaches were established.

Ms. Owen's statement was excluded under s. 24(2) because she was arbitrarily detained and denied her right to counsel during the execution of a search warrant, and the court rejected the Crown's argument that the 'actus reus exception' precluded exclusion.

The accused was tried on firearm and aggravated assault charges arising from a shooting in a residential neighbourhood.

The Crown relied entirely on circumstantial evidence, including association with a rented white vehicle, surveillance photographs, Blackberry data, and cell tower records.

Applying the governing principles for circumstantial evidence, the court held the Crown failed to prove that the accused was the shooter or a party to the offence, particularly in light of exculpatory eyewitness evidence, evidentiary gaps concerning phone possession and vehicle use, and a reasonable alternative inference implicating another individual.

The accused was acquitted on all counts.