ONTARIO COURT OF JUSTICE

CITATION: R. v. Bellevue, 2019 ONCJ 964

DATE: 2019 01 17

COURT FILE No.: Brampton 3111-988-18-503-00

BETWEEN:

HER MAJESTY THE QUEEN

— AND —

ROBERT BELLEVUE

Before Justice Hafeez S. Amarshi

Heard on November 29, 30, December 3-6 and 10, 2018

Reason for Judgment Released on January 17, 2019

D. Allison and B. McGuire................................................................. counsel for the Crown

L. Sabsay................................................................................... counsel for Robert Bellevue

H.S. Amarshi J.:

A. Overview

[1] Close to midnight on January 13, 2018, Robert Bellevue stabbed his wife multiple times in their residence in Mississauga. She died as a result of her injuries. The accused had been married to Elaine Bellevue for 21 years. SB, the couple’s daughter witnessed the stabbing in the second-floor hallway and attempted to intervene. She was stabbed by the accused before retreating to her bedroom and calling for help. MB, the couple’s youngest child was also a witness. She saw the accused stab her mother in the master bedroom. She also called 911 for help.

[2] Two police officers responded to the emergency call and encountered the accused in the foyer of the residence. He was holding the murder weapon, a large kitchen knife. He failed to respond to police commands to drop his weapon and was struck by a taser, which brought the accused to the ground. He was arrested and transported to hospital for cuts and injuries to his hands.

B. Position of the Parties

[3] The Crown seeks committal on first-degree murder arguing that there is sufficient evidence of planning and deliberation. Further, pursuant to s.231(5)(e) of the Criminal Code, the Crown submits a properly instructed jury may find that Mr. Bellevue unlawfully confined his wife on the second floor of their matrimonial home, specifically the master bedroom and hallway prior to her murder. Confinement in certain factual scenarios can elevate murder to first degree.

[4] In addition, the Crown seeks committal of the attempted murder of SB. She sustained stab wounds to her upper chest, a laceration to her abdomen and cuts on her hands. It is not disputed that it was the accused that caused those injuries.

[5] Lorne Sabsay, counsel for the accused, reasonably concedes there is sufficient evidence to commit Robert Bellevue to stand trial on second-degree murder, but he argues against committal on first-degree murder. Further, he concedes there is an evidentiary basis for committal of an aggravated assault of SB, but disputes there is a sufficiency of evidence to support the attempt murder count.

C. Relevant Evidence

[6] Crown and defence evidence was called over a seven day period. Some of the evidence, specifically the Post-mortem Examination Report and SB’s medical records from Credit Valley Hospital was tendered by the Crown pursuant to s. 540(7) of the Criminal Code. Some of the witnesses that testified were called for discovery purposes. The evidence that is reviewed in the following paragraphs is most relevant to the issue of committal. Given the number of people in this case that share the Bellevue last name, for the purposes of this decision, I will refer to SB and MB by their first names. The children’s names will be replaced with initials in a written decision to be provided to counsel after the completion of today’s hearing.

a) Events of January 13

[7] Robert and Elaine Bellevue had been married for over 20 years. They lived at 3473 Marmac Crescent in Mississauga with their two daughters. In January 2018, S was 16 and her sister M was 13. They were both witnesses to the attack on their mother.[^1]

[8] According to S’s videotaped statement, her mother came into her room around 10 or 10:30 p.m. on January 12 and hugged her good night. She soon fell asleep. She woke up to screaming around midnight. S left her room and saw the accused with a knife attacking her mother in the hallway. She saw blood. S described the attack as a “poking” of her mother with a knife, but it was clearly the accused stabbing Elaine Bellevue.

[9] She attempted to stop Mr. Bellevue and was stabbed twice in the upper chest area. She had multiple cuts to her hands and a laceration to her abdomen. She retreated to her bedroom, closed the door and called 911. Although she did not see him, she believes it was her father who attempted to force his way into her bedroom.[^2]

[10] The Crown adduced an audio CD of the 911 call S made from her bedroom on January 13. On the call S can be heard to scream “stop” multiple times as the accused attempts to enter her bedroom. She had barricaded the door, holding it closed with her hand. There is a second instance when S tells the 911 operator that the accused tried to open the bedroom door.

[11] Police investigators were able to pull three impressions from the inside facing portion of bedroom door. An imprint of S’s fingerprints are located. Her blood is located on both sides of the door.

[12] S remained in her room and only leaves once police arrive and find her.

[13] Robert Bellevue continued his attack on his wife. Her blood in the form of drip stains,[^3] drip trails,[^4] and spatter patterns[^5] [^6] are located in multiple areas of the second-floor hallway, including the walls and carpeted floor. Drops of her blood are also located on the main floor and basement, likely the result of blood dripping from the second floor bannister. She is later found by a police officer, lying on the ground beside her bed and a nightstand. Underneath her is a telephone cord. Ms. Bellevue called 911 from her bedroom and the attack on her is partially captured on the call. Her wounds are deep and in some instances revealing her internal organs.

b) Evidence of MB

[14] M described in her video statement taken at 22 division, the evening of January 13 that she was sleeping and was woken by her mother’s screams. In the master bedroom she sees Robert Bellevue with a knife stabbing Elaine Bellevue. The accused was either over the victim or standing by the bed during the attack.

[15] M runs down the stairs and locates a cordless phone in the kitchen but is unable to make a call. She then uses her cell phone and calls 911 from the basement.

[16] At some point, M returns to the main floor where she encounters her father. He is holding a knife. She recognizes the knife, describing it as the biggest and sharpest knife in the kitchen. She runs up the stairs to the second floor where she finds her mother in her bedroom. She is bloody but is still breathing. She quickly retreats to S’s room.

c) Police Response

[17] Constables Darryl Stevens and Justin Gallagher with the Peel Regional Police Service receive an emergency call to attend at the Marmac address at 1 a.m. on January 13, 2018. They arrive within six minutes. Enroute to the home they received updates from a 911 dispatcher and know it is a domestic call involving a suspect armed with a knife. They formulate a plan in their police vehicle - that Officer Stevens would use his firearm if required and Officer Gallagher would deploy non-lethal force, specifically a taser.

[18] Upon arrival, they bang on the door and demand entry. Both officers hear the click of the deadbolt turning and slowly enter the home. They encounter Mr. Bellevue about 12-15 feet away at the foot of the stairwell. He has a knife in his hand, which he is holding closely to his chest. The knife was bloody, and the blade pointed upwards. The foyer was dark, with limited light.

[19] Constable Stevens described the accused as staring through him. He had his firearm drawn and pointed at the accused. Both officers give multiple demands, directing the accused to drop his knife. He does not respond and proceeds to walk towards the officers. According to Officer Gallagher when the accused advances he is still holding the knife close to his chest.

[20] Within moments Constable Gallagher deploys his taser. The accused reacts in pain, drops to one knee and falls into a sliding closet door near the entrance way. The probes in the taser stayed attached to Mr. Bellevue and 6 seconds later Officer Gallagher deployed a second cartridge. It was only then that the accused drops his knife. He is quickly handcuffed by the officers.[^7]

[21] Constable Stevens hears S and M in the upstairs bedroom and goes to attend to them. He then proceeds to the master bedroom where he finds Elaine Bellevue, laying between the bed and a window. She is not breathing and has suffered massive injuries.

[22] Paramedics attend a few minutes later and confirm Ms. Bellevue is dead. The accused has injuries to his hands and is transported to the hospital. Officer Stevens arrests the accused in the ambulance. Mr. Bellevue in his observation was generally non-responsive. He describes him as “out of it.”

d) Accused’s Deteriorating Health

[23] S described a change in her father’s behavior and mood soon after his retirement. That he was depressed and lacking in motivation. Related to this, the accused was attending an outpatient group therapy program at Credit Valley Hospital. Further, Mr. Bellevue consistently complained of being dehydrated and that his feet were cold. M also described a similar change and testified that police had been called to the home on one previous occasion in December because the accused had threatened to kill himself with a knife.

[24] S testified that prior to his retirement, her parents did not argue often, and the accused was generally respectful and loving. However, the fall of 2017 was a difficult one for the couple and financial challenges along with the accused’s deteriorating mental health and his physical ailments put pressure on their marriage. According to M, Ms. Bellevue yelled at the accused often.

e) Evidence Relevant to Planning and Deliberation

(i) Evidence of Susan Gould

[25] Susan Gould was Elaine Bellevue’s sister-in-law. She is married to Ms. Bellevue’s brother Larry Birnbaum. She has known the couple for 21 years. She described her relationship with Ms. Bellevue as a close one. They either spoke on the phone or texted each other every day.

[26] She testified that Robert Bellevue started to decline soon after retiring in September 2017 as a Vice-President at the Royal Bank of Canada. He complained of various physical ailments including being constantly cold. After his retirement he seemed quieter, he stopped driving and had little motivation. There were financial pressures in the home as a result of the retirement and the couples’ now reduced income.

[27] Ms. Gould started calling or leaving messages in the mornings for the accused starting in October 2018 encouraging him to attend his group therapy sessions at Credit Valley Hospital in Mississauga and offering words of support. She called often.

[28] On January 12, Ms. Gould called the landline number at the Marmac residence between 6:30 and 6:45 p.m. and briefly spoke to Robert Bellevue. She described his tone as whispery or quiet. In that conversation Mr. Bellevue said he was not well, and they spoke about some of his blood and urine test results. At one point according to Ms. Gould he makes the following request of her - “Would you do something for me, would you take care of my children for me.” This was followed by “promise, promise, promise.” Later in her evidence she clarified the request from the accused as - “Would you take care of the girls for me.”

[29] Ms. Gould testified that he had never made a request of that nature before. During cross-examination she agreed that she believed at the time “girls” also referred to Elaine Bellevue.

(ii) Internet Searches

[30] Police seized the accused’s iPhone pursuant to a search warrant. On February 15, 2018 Beata Turczak, an analyst with the Digital Forensics Services Unit of Peel Regional Police, searched the phone. With the assistance of forensic software, she completed a data extraction of the phone, which included a compilation of the web history associated to the phone. Specific search term items are typically stored in two locations on a phone dependent on how that search term is entered. If it is entered via a web browser, in this case Safari, which is an Apple specific web-browser, then it would be stored on a unique database file on the phone. If the search is completed via the Google search engine it would be stored in another location on the phone.

[31] There were 77 searched items starting December 12, 2017 and ending January 12, 2018. On December 30, 2017, Mr. Bellevue searched “best poison to drink to die.” The next day he searched “murder for hire.” On January 8, 2018, he searched “CAS services.” The last recoverable search term on January 12, 2018 at 10:30 p.m., just hours before the murder was “mind there body gone.”

[32] On January 10 at 4:54 p.m. the accused conducts a search inquiry related to “dark web access iPhone.” The “dark web” as Detective Turczak explained, allows users to remain anonymous and cannot be easily tracked. It requires a special software called a tor browser to be downloaded in order for a user to access the dark web. At 4:55 p.m. the accused conducts a search for “tor browser.”

[33] The remaining search terms were relatively mundane but included a number of health-related web searches specific to dehydration.

[34] Related to the search items is the web history. These are the specific links or webpages that are visited by a user after conducting an initial internet search. In this case 391 webpages were extracted from Mr. Bellevue’s iPhone corresponding to various internet searches.

[35] Neither “murder for hire,” nor “best poison to drink to die” show up under Mr. Bellevue’s web history. According to Detective Turczak, there may be two possible explanations for this - either the accused searched that term but did not visit any of the links or results associated with that search or he deleted his web history. Some of the searches were conducted via an iPad device.

f) SB’s Medical Report

[36] According to S’s emergency treatment record from Credit Valley Hospital where she was taken in the early hours of January 13, she sustained two stab wounds to her chest area, specifically one to her upper left shoulder and another one close to her right shoulder as well as multiple cuts to her hands. Some of those cuts, specifically on her right hand are described as deep lacerations to her fingers and palm. The treatment record also describes a ½ inch laceration to her left lower chest or abdomen. The puncture wounds to her upper chest are clearly evident in the scenes of crime photos of S taken at the hospital and adduced as evidence.

D. The Issues and the Law

a) The Test for Committal

[37] A preliminary inquiry judge must determine whether there is sufficient evidence to permit a properly instructed jury, acting reasonably, to convict (U.S.A. v. Sheppard (1976), 30 C.C.C. (2d) 424). Where the case for the Crown is by way of direct evidence, the judge’s task is straightforward. If there is conflict in the evidence, the case must still proceed to trial. However, where the Crown’s case is circumstantial, the court must engage in a limited weighing of the whole of the evidence, including the defence evidence, to determine whether a reasonable jury properly instructed could return a verdict of guilty. The preliminary inquiry judge does not engage in drawing factual inferences or in assessing credibility. The judge only asks whether the evidence, if believed, could reasonably support an inference of guilt (R. v. Arcuri, 2001 SCC 54).

[38] In this context it is improper to isolate particular pieces of evidence and to then determine any probative value without regard to the context of the totality of the evidence. The court is obliged to consider the cumulative effect of the evidence (R. v. Coke, [1996] O.J. No. 808 (Ont. Gen. Div.)).

[39] Where more than one inference can be drawn from the evidence, only the inferences that favour the Crown are to be considered (R. v. Sazant, 2004 SCC 77).

[40] More recently in R. v. Kamermans, 2016 ONCA 117, the Ontario Court of Appeal summarizes at paragraph 20, the test that is applicable in assessing inferences sought by the Crown at a preliminary hearing:

Whether an inference is easy, hard or difficult to draw is of no moment to a decision on committal. Provided the inferences advanced by the Crown are within the field of available inferences and provide evidence of each essential element of the offence, committal follows.

b) Main Principles: Planning & Deliberation

[41] Mr. Sabsay concedes there is sufficient evidence to commit Robert Bellevue to stand trial on a charge of second degree murder. The Crown seeks committal on first degree murder, arguing that there is a sufficiency of evidence to establish the killing of Elaine Bellevue was planned and deliberate.[^8]

[42] Justice Hill in R. v. Pinnock, 2007 O.J. No. 1599, helpfully summarizes the relevant principles from the jurisprudence:

44 A planned and deliberate murder must be preceded by planning and deliberation: R. v. Stevens (1984), 11 C.C.C. (3d) 518 (Ont. C.A.) at 538. There must be evidence that the killing was the result of a scheme or design previously formulated or designed and the killing was the implementation of that scheme or design: R. v. Nygaard and Schimmens (1990), 51 C.C.C. (3d) 417 (S.C.C.) at 432; R. v. Aalders (1993), 82 C.C.C. (3d) 215 (S.C.C.) at 233-4; R. v. Smith (1979), 51 C.C.C. (2d) 381 (Sask. C.A.) at 387-8; R. v. Widdifield (1961), 6 Crim L. Q. 152 (Ont. H.C.J.) at 153-4. The evidence must be capable of establishing that the killing was both planned and deliberate: R. v. More, [1963] 3 C.C.C. 289 (S.C.C.) at 290-1; R. v. Stevens, at 538-9.

[43] Planning in the specific context of murder has been defined as a “calculated scheme or design which has been carefully thought out, and the nature and consequences of which have been considered and weighed.” The plan does not require a level of complexity to formulate and indeed can be a simple one.[^9]

[44] The word “deliberate” means "considered," "not impulsive," "slow in deciding," "cautious," implying that the accused must take time to weigh the advantages and disadvantages of his intended action.”[^10]

c) Analysis: Premeditated Murder

[45] While I accept as the defence argued there are alternative and in some cases compelling inferences that can be drawn from the facts established in this case, I find however, after consideration of all of the evidence that a properly instructed jury, acting reasonably, could find that the essential elements of first degree murder have been met. Specifically, there is sufficient evidence of planning and deliberation on the part of the accused

[46] One of the strongest inferences in support of premeditation can be drawn from Mr. Bellevue’s searches and web browsing in the one-month period prior to the murder. During that period the accused conducts an internet search with the following terms: “best poison to drink to die,” “murder for hire,” and “CAS services.” The last search related to the Children’s Aid Society, which is commonly known in the community to provide foster care, occurs within five days of the murder. There is evidence that in some instances the accused may have not accessed the page results from these search terms, however that does not significantly detract from the fact he took active steps to conduct the internet research in the first instance.

[47] In addition, he researches “dark web access” - that part of the internet that is largely shielded from law enforcement or web tracking. He takes the additional step to search for a “tor browser,” the application that must be downloaded in order to access the dark web. It is evidence of an intention to conceal his internet search practices, regardless of whether he was ultimately successful in downloading the tor browser.

[48] Further, there is additional evidence that supports an inference of planning and deliberation, specifically the telephone conversation with Susan Gould the evening of January 12, just hours before Elaine Bellevue’s murder. In that call the accused makes Ms. Gould promise to take care of the girls, indeed is persistent, repeatedly asking her to make that promise. The defence argued that the reference to “girls” could also refer to Elaine Bellevue, but it is also reasonable to conclude in the circumstances that girls specifically applied to M and S, and evidence that the accused was looking ahead to the welfare of his children in the event their mother was gone.

[49] As part of the Crown's theory, Mr. McGuire argued that the accused had planned to kill his wife and then attempt to commit “suicide by cop.” The actions of the accused when confronted by police in the foyer on January 13, 2019 are puzzling.[^11] When faced with Officer Stevens holding a pointed firearm and despite repeated demands to drop his knife, the accused instead advances towards the police. Officer Stevens testified that the accused walked quickly towards him and that he had his finger squeezed on the trigger of his firearm. It was only the deployment of the taser by his companion officer that averted the use of lethal force according to Constable Stevens.

[50] Although this evidence taken by itself would do little to support a reasonable inference of planning and deliberation, it does strengthen the inference that the accused had a premeditated plan to murder his wife and kill himself. Further, there is evidence that the accused was contemplating suicide in the months leading up to the murder. He searched “the best poison to die” on December 30 and there was evidence of a previous suicide attempt by the accused in December, also using a kitchen knife.[^12]

[51] In the circumstances, a jury could conclude that this post-offence conduct, that is, the act of walking directly towards the officers while armed with a large knife was the culmination of a plan to commit murder suicide.

d) Main Principles: Constructive Murder

[52] Although I have found there is a sufficiency of evidence to support committal for first degree murder based on premeditation, I will address the Crown's alternative argument for committal for first degree murder arising from an unlawful confinement of Elaine and SB.

[53] Section 231(5)(e) of the Criminal Code makes murder first degree murder when "death is caused ... while committing or attempting to commit an offence under ... section 279 (kidnapping and forcible confinement)."

[54] The phrase “while committing” only requires proof that the underlying offence and the death were part of the same transaction, not that they occurred at the same moment. In other words, the phrase “while committing or attempting to commit” requires the killing to be closely connected, temporally and causally, with an enumerated offence in s. 231(5). It is sufficient if the two acts form part of one continuous sequence of events forming the same transaction.[^13]

[55] Unlawful confinement was defined in R. v. Luxton, [1990] 2 S.C.R. 711 at paragraph 11:

As the use of physical restraint contrary to the wishes of the person restrained, but to which the victim submits unwillingly thereby depriving the person of his or her liberty to move from one place to another.

e) Analysis: Unlawful Confinement of Elaine Bellevue

[56] M testified that she observed the accused attacking her mother in the bedroom after being awoken by screams. She fled the bedroom and ran downstairs to call 911. S observed the accused attacking her mother in the hallway. According to evidence from Detective Michelle Pflug, the Bloodstain Pattern Analysis Expert, the victim’s biological material and blood spatter was found in multiple areas of the hallway. The victim’s blood is found on the bannister at the top of the stairs and along the carpet and wall as the hallway curves from the master bedroom to the guest bedroom.[^14] The evidence is clear from the blood pattern evidence that the victim was attacked in several places or travelled from one end of the hallway to the other, while suffering serious injuries.

[57] Paramedics found Ms. Bellevue dead on the floor in her bedroom, which means the victim also retreated to her bedroom from the hallway, where she ultimately succumbed to her injuries. It is from the bedroom that the victim called 911, the phone cord was found under her body.

[58] Although I did not find this evidence to be particularly compelling in supporting an inference of unlawful confinement, the inference the Crown seeks is more than mere speculation. There is some evidence of the confinement and dominance of the victim over multiple areas on the second floor of the home that could be considered a discrete criminal act, thereby engaging first degree murder as defined in section 231(5)(e). The evidence shows that Ms. Bellevue was likely first attacked in her bedroom, then followed into the hallway and stabbed repeatedly before returning to her bedroom where she died. It is clear from her 911 call that the accused continues to stab her while she is on the phone and restrained in her bedroom. There is additional evidence in this case of pursuit by the accused - there is a stab wound to the victim’s back, which collapsed her right lung according to the Post-mortem Examination Report. At one point the accused breaks off the attack in an attempt to enter S’s bedroom before continuing his attack on Elaine Bellevue.

f) Analysis: Unlawful Confinement of S Bellevue

[59] In R. v. Russell, 2001 SCC 53, it was determined that liability under section 231(5)(e) can be imposed where the victim of the unlawful confinement and the victim of the murder are different people.[^15] In the context of an unlawful confinement, as long as there are two distinct criminal acts, then a close temporal and causal connection between the two can exist even where one person is confined and the other is killed.[^16]

[60] In this case, S attempted to intervene in the attack on her mother by the accused. She suffered stab wounds and lacerations before retreating to her bedroom. She remained in her room until police arrived. While in her room, the jury could conclude the accused attempted to enter her room on at least two occasions.

[61] I find that there is evidence upon which a properly instructed jury, acting reasonably, could find a temporal and causal connection between the killing of Elaine Bellevue and the confinement of S and further that it was part of a single transaction.

[62] The period of time was relatively short and there is a temporal connection. The first 911 call from the home is at 1:01 a.m. followed by two additional emergency calls from the residence. One of those calls is from S who describes being stabbed and is hiding in her room. A 911 call that came in at 1:03 a.m. is from Ms. Bellevue and she can be heard to be begging the accused to stop stabbing her.

[63] The confinement of S in her bedroom was directly related to the killing of Elaine Bellevue and causally connected. Further, there is a reasonable inference that the accused had the intention of continuing his attack on S when he attempted to open the door to her bedroom, he has just stabbed her moments earlier. He made a deliberate action to pursue S to her bedroom. In those circumstances, S was deprived of her freedom of movement. She had little choice but remain in her room, barricading the door with her body weight. A jury could reasonably infer that the accused intended to coercively restrain S and restrict her ability to move.

g) Main Principles: Attempt Murder

[64] In determining if there is a sufficiency of evidence to support committal for attempt murder the Crown must establish some evidence of specific intent. Specifically, the mens rea for attempted murder is the specific intent to kill.[^17]

[65] In R. v. Payne, 2013 ONSC 4609, Justice Then outlined a number of factors that a preliminary hearing justice should take into account in considering whether there is sufficient evidence of a specific intent to kill. The evidence is to be considered cumulatively and together with all of the evidence. Specifically, in the case where there is a charge of attempt murder involving a stabbing, the court should consider evidence of the following:

(i) the nature of the weapon

(ii) is the stab wound to a vital part of the anatomy (i.e. brain, neck, heart, abdomen)

(iii) the force with which the wound was inflicted

(iv) the number of wounds

(v) the evidence or lack of evidence of premeditation or spontaneity

(vi) the presence or absence of defensive motivation.[^18]

h) Analysis: Attempt Murder

[66] In this case, according to M, the knife was the biggest and sharpest one in the kitchen. Indeed, a photo tendered by the Crown of the knife the accused used to stab his wife and S shows a particularly large kitchen knife with a long blade. There are two distinct stab wounds to her upper left and right chest, close to her shoulder. There is a ½ inch laceration to her abdomen also, most certainly caused by a knife. The injuries were to vital parts of S’s body but were deemed not life threatening. In addition to the wounds to her chest and abdomen, there are multiple lacerations on her hands suggesting that the victim was stabbed multiple times, suggesting a level of persistence on the part of the accused. The wounds to her hands also suggest some defensive action on the part of S.

[67] The context is relevant. S attempts to intervene while her mother is being viciously and persistently attacked. The accused having an intent, given all of the evidence that I have heard, to kill Elaine Bellevue. Of particular relevance, is the fact the accused at one point follows S to her bedroom, attempting to gain entry to her room, supporting an inference the accused would continue his attack on her.

[68] There are competing inferences, the wounds for example are not life threatening and the laceration to her abdomen not particularly deep which suggest that the accused did not intend something more than the actual and natural consequences of the wounding which undermine a specific intent to kill.[^19]

[69] Although I did consider the evidence in support of the attempt murder charge to be far from overwhelming, there exists evidence, beyond speculative inferences from the circumstances, justifying committal.

[70] I am mindful where there is more than one inference that can be drawn from the evidence only the evidence that favours the Crown is to be considered. In the context of the totality of the evidence, I am satisfied that the Crown has adduced evidence that a properly instructed jury could conclude that Robert Bellevue had a specific intent to kill. Specifically, that there is sufficient evidence in support of the attempt murder charge, if believed, could reasonably support an inference of guilt.

E. Conclusion

[71] For the above reasons, I am satisfied the Crown has called sufficient evidence to meet the Sheppard, supra test and Mr. Bellevue will be committed to trial on first-degree murder and attempt murder.

[72] I want to thank both sides for their professionalism and thoughtfulness in the way they conducted this preliminary hearing.

Released: January 17, 2019

[^1]: Both S and M testified at the preliminary hearing via video link outside of the courtroom and in the presence of a support person. Further, the Crown brought an application that their videotaped statements, taken on January 13, 2018, be admitted into evidence at the preliminary inquiry pursuant to s. 715.1 of the Criminal Code. The defence consented to the Crown application and both witnesses were made available for cross-examination. [^2]: This is a reasonable conclusion in the circumstances. Given the serious nature of the attack on Elaine Bellevue it is unlikely that she was on the other side of the bedroom door. [^3]: A bloodstain resulting from a falling drop of blood that formed due to gravity. [^4]: A bloodstain pattern resulting from the movement of a source of drip stains between two points. [^5]: A bloodstain pattern from blood drops dispersed through the air due to an external force applied to a source of liquid blood. [^6]: As defined by Detective Michelle Pflug, who was qualified as a Bloodstain Pattern Analysis Expert for the purposes of this preliminary hearing. [^7]: The “Taser Report” which details the use of the unit at the scene reveals that the period of time between Officer Gallagher arming his taser, which occurred in the foyer of the house and deploying it was less than a minute. [^8]: Section 231(2) of the Criminal Code [^9]: R. v. Widdifield (1961), Ontario Supreme Court, unreported, as excerpted in 6 Crim. L.Q. 152, at p. 153, as referenced in R. v. Nygaard, [1989] 2 S.C.R. 1074. [^10]: Ibid. Both definitions are included in the Watt’s Manual of Criminal Jury Instructions 2nd Edition, Thomson Reuters. [^11]: There was evidence that Officer Stevens had his flashlight trained on the accused which may have blinded or stunned him in the circumstances, which the defence reasonably argued might provide some explanation for the accused’s actions in the circumstances. It is also evident that events in the foyer unfolded quickly and the officers only had a few short moments to make observations of the accused before they decided to act. [^12]: This evidence came from M. It was her opinion that the suicide attempt was a call for attention. [^13]: R. v. Pare, [1987] 2 S.C.R. 618 [^14]: All of the bedrooms are on the second floor of the house and S’s room lies furthest north in the home. Just south of her room is M’s room, a linen closet and the bedroom belonging to the accused. The master bedroom where Elaine Bellevue slept is on the south east side of the house. According to S her mother and father slept in separate bedrooms. This was the case as long as she could remember. [^15]: Russell, at para. 43. [^16]: Ibid at para. 46 [^17]: See R. v. Ancio, [1984] 1 S.C.R. 225 [^18]: Payne at para. 20. [^19]: See R. v. Rajanayagam, [2001] O.J. No. 393 (SCJ)