Tina Kim

The Crown applied to admit non-expert recognition evidence from a high school principal identifying the respondent in a surveillance video recorded days before a first-degree murder.

The respondent objected, arguing the video quality was poor and the police identification procedure was suggestive.

The Superior Court of Justice ruled the evidence admissible, finding that the principal's extensive prior familiarity with the respondent provided a strong foundation for the identification, which outweighed the procedural flaws and put the jury in a better position to assess the evidence.

The accused was charged with attempted murder, aggravated assault, and possession of a loaded firearm following a shooting at a motorcycle club event.

The Crown relied on the hearsay statements of a deceased witness and an absent victim, which the court admitted under the principled exception.

The accused claimed he shot the victim in self-defence and that the bullet hitting the victim was an accident.

The court rejected the accused's evidence, finding the shooting was intentional, disproportionate, and motivated by animus.

The accused was found guilty of attempted murder and the firearm offence, with the aggravated assault charge conditionally stayed.