R. Joseph Louch

The two accused were charged with multiple firearm and assault offences following a home invasion where the complainant was shot in the neck.

The Crown's case relied on circumstantial evidence, including video surveillance, DNA, and gunshot residue, to identify the accused as two of the three perpetrators.

The court dismissed a lost evidence application regarding unseized video surveillance.

Ultimately, the court found one accused guilty as a party to the offences based on DNA and circumstantial evidence connecting him to the scene.

However, the court acquitted the other accused, finding that the circumstantial evidence raised a reasonable doubt about his presence during the shooting.

The accused, Kadah Dematas and Christopher Lucas, brought motions for directed verdicts on multiple charges, including attempted murder, discharge firearm with intent, aggravated assault, and assault with a weapon, stemming from a home invasion and shooting.

The court granted directed verdicts of not guilty for attempted murder and possession of a firearm knowing it was obtained by crime, finding insufficient evidence of specific intent to kill or a reasonable prospect of conviction for the latter.

However, the court denied directed verdicts for discharge firearm with intent, aggravated assault, and assault with a weapon, concluding that there was sufficient circumstantial evidence for a reasonable jury to infer guilt for these general and specific intent offences (excluding the specific intent to kill).

The court also found a common purpose among the intruders.