This decision addresses three mid-trial applications in a first-degree murder case.
The Crown's application to read in preliminary hearing evidence of an evading witness under s. 715(1) of the Criminal Code was granted, with the court finding that evasion of service constitutes refusal to testify.
The defence's application for a directed verdict on first-degree murder was dismissed, as the court found sufficient circumstantial evidence of planning and deliberation for the jury to consider.
Finally, the defence's application to have self-defence left to the jury was granted, with the court determining there was an air of reality to the defence, even though the accused did not testify, based on the evolving circumstances of a second encounter with the victim.
