Court File and Parties

Court of Appeal for Ontario Date: 2023-11-03 Docket: COA-22-CR-0135

Before: Fairburn A.C.J.O., Rouleau and Favreau JJ.A.

Between: His Majesty the King, Respondent and Candy Locey, Appellant

Counsel: Brian Snell, for the appellant Michael Bernstein, for the respondent

Heard and released orally: October 30, 2023

On appeal from the conviction entered by Justice Lynn D. Ratushny of the Superior Court of Justice, dated October 22, 2018, and the sentence imposed on October 22, 2018.

Reasons for Decision

[1] The appellant pled guilty to second-degree murder. She now seeks to have her plea set aside on the basis that the Agreed Statement of Facts, which she specifically accepted at the plea, did not support the conviction.

[2] The appellant contends that a question posed by the trial judge just after her plea was entered, but before she was found guilty, and the appellant’s answer to that question, cast doubt on whether the mens rea for murder was made out. Specifically, she said that she did not know if the shooter, who was her son, had the gun with him when he went to the back of the building where the shooting took place. The appellant positioned herself out front of the building at the time that the shooting took place. Immediately after the shooting, the shooter, the appellant and two others fled the scene.

[3] We are satisfied that the Agreed Statement of Facts entirely supported the plea to second-degree murder. The facts support both the actus reus and mens rea as an aider and abetter to second-degree murder. The objection is to whether the appellant had the appropriate mens rea. The facts make clear that the appellant was armed with knowledge of the perpetrator’s intention to commit the crime, combined with her intention to assist or encourage the shooter in its commission.

[4] In our view, the question and answer that followed upon the Agreed Statement of Facts did not undermine the facts that support the mens rea as an aider and abetter to murder. Specifically, the appellant’s admission that she knew that J.D. had the intention for murder and that she encouraged him in that regard established the requisite mens rea.

[5] The appeal is dismissed.

“Fairburn A.C.J.O.”

“Paul Rouleau J.A.”

“L. Favreau J.A.”