The Crown sought judicial review by certiorari of a preliminary inquiry decision discharging multiple accused charged with murder, manslaughter, and attempted murder arising from a fatal shooting outside a nightclub.
The preliminary inquiry judge concluded there was insufficient evidence connecting the accused to the handgun used in the shooting and discharged all accused.
The reviewing court held that the preliminary inquiry judge exceeded jurisdiction by choosing between competing inferences and weighing the evidence beyond the permissible “limited weighing” required for circumstantial cases under R. v. Arcuri.
The evidence supported reasonable inferences of motive, means, opportunity, and a joint enterprise to ambush the victims, and the judge improperly preferred an inference favourable to the accused.
The discharges were therefore quashed and the accused were ordered committed to stand trial.
