The Crown brought a Gardiner application to establish disputed aggravating facts for the sentencing of the accused, who had pleaded guilty to attempted murder, aggravated assault, and other offences following a police pursuit.
The court found the Crown failed to prove beyond a reasonable doubt that the accused was hiding in the back seat at a roadblock or that he was hitchhiking to evade police prior to his surrender.
However, the court accepted the Crown's evidence regarding the positioning of the firearm when the accused shot at a police officer during the pursuit.
