Patrick Hurley

At a preliminary inquiry into the death of Shane Stone, the Crown sought committal of three accused on charges of second degree murder.

The victim was beaten to death in the accused's bedroom on January 2, 2013.

One accused conceded committal.

The court found sufficient evidence to commit the other two accused to trial on second degree murder, with one accused also facing charges of accessory after the fact and robbery.

The decision turned on circumstantial evidence including DNA findings, forensic evidence, witness testimony, and cell phone records establishing presence and participation in the assault.

The Crown applied to admit evidence of prior discreditable conduct by two of the accused relating to an assault on November 23, 2011, to support a committal on a charge of second degree murder.

One accused conceded committal, but the other objected.

The court found that while some similarities existed between the prior assault and the charged offence, most were generic in nature and present in countless assault cases.

The court held that the probative value of the similar fact evidence was limited and did not outweigh the risk of prejudice.

The Crown's reasoning essentially sought to establish that the accused was the "type of person" who commits serious assaults, which is prohibited reasoning.

The application was dismissed.

In a preliminary inquiry, the Crown sought committal of two bar owners for manslaughter and criminal negligence causing death arising from a fatal motor vehicle collision.

The deceased driver, who had consumed alcohol at the defendants' licensed establishment, was found to have a blood alcohol level exceeding 200 milligrams percent at the time of the collision.

The Crown alleged violations of the Ontario Liquor Licence Act constituted unlawful acts supporting manslaughter charges, or alternatively, that the defendants' conduct amounted to criminal negligence.

The court discharged both accused, finding that violations of liquor licensing regulations, while potentially constituting unlawful acts, were not objectively dangerous as required by law, and that the evidence did not establish the marked departure from the standard of care necessary for criminal negligence.

A young person was jointly charged with his mother and her boyfriend with production of marijuana and possession of marijuana for the purpose of trafficking following a search warrant execution at their residence.

The Crown conceded the production charge was weak and it was dismissed.

At trial, the Crown proved that marijuana plants, packaged marijuana, digital scales, and plastic baggies were found in the accused's bedroom.

The accused testified that the bedroom was a recreation and laundry room used by the entire family, not his bedroom, and that he slept on couches in the living room.

The court rejected the accused's testimony as implausible, internally inconsistent, and manufactured.

The court found the accused guilty of possession of marijuana for the purpose of trafficking, finding he had knowledge of and control over the drugs in his bedroom and was either a principal or aider and abetter in the criminal enterprise.