The applicant, Birhan Imam, sought an order of certiorari to quash a committal for trial on a charge of attempted murder, alleging the preliminary inquiry judge applied an erroneous legal test for mens rea.
The Superior Court reviewed the preliminary inquiry judge's reasons, finding that while a specific passage might appear ambiguous, when read in totality, the judge correctly identified and applied the "intention to kill" mens rea for attempted murder as established in R. v. Ancio.
The application for certiorari was dismissed.
The court also held that even if there had been a jurisdictional error, the committal would have been inevitable given the strong evidence of intent to kill, and thus, prerogative relief would have been declined due to lack of prejudice.
