Steve Kim

The accused was charged with first-degree murder following a fatal shooting in a parking lot outside a nightclub.

The Crown's case relied heavily on the testimony of an alleged eyewitness with a criminal lifestyle and a history as a police informant, as well as circumstantial evidence of post-offence conduct.

The court found the key eyewitness's testimony to be highly unreliable due to numerous internal and external inconsistencies, and concluded that the accused's post-offence conduct did not support an inference of guilt.

Applying the W.(D) test, the court held that the Crown failed to prove beyond a reasonable doubt that the accused was the shooter, resulting in an acquittal.

The young person, charged with second-degree murder, applied for bail.

The Crown sought detention on the secondary and tertiary grounds.

The court found a substantial likelihood that the young person would commit a serious offence if released, given his prior criminal record and history of violence while in custody.

The court rejected the proposed plan of release, finding the proposed sureties unsuitable and incapable of providing adequate supervision.

Bail was denied and the young person was ordered detained in custody pending trial.