R. v. Whynder

R. v. Whynder

The application for a directed verdict was dismissed because the Crown's circumstantial and after-the-fact evidence, if believed, could reasonably support a finding of planned and deliberate first degree murder by the accused as principal or aider/abettor; however, the judge excluded constructive first degree murder...

Source-derived case information.

Citation
2019 NSSC 234
Parties
Crown: Her Majesty the Queen; Accused: Ricardo Jerrel Whynder
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
24 July 2019
Procedural Posture
Criminal / Motion for Directed Verdict at Close of Crown's Case
Outcome
Defence application for directed verdict dismissed; constructive first degree murder under s.231(5) excluded from jury instructions; jury to be instructed only on planned and deliberate first degree murder and included offences
Legal Topics
Directed Verdict, Circumstantial Evidence, After the Fact Conduct, Constructive First Degree Murder (s.231(5)), Unlawful Confinement/kidnapping, Aiding and Abetting, Jury Instruction
Source Language
english
Criminal Law Homicide Evidence Directed Verdict Circumstantial Evidence After the Fact Conduct Constructive First Degree Murder (s.231(5)) Unlawful Confinement/kidnapping +2 more

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Parties

Her Majesty the Queen

Crown

Ricardo Jerrel Whynder

Accused

Procedural Posture

Criminal / Motion for Directed Verdict at Close of Crown's Case

Legal Issues

  1. 1 Whether the Crown's evidence was sufficient to deny a directed verdict on first degree murder
  2. 2 Whether circumstantial and after-the-fact evidence can support an inference of planned and deliberate murder
  3. 3 Whether constructive first degree murder under s.231(5) should be left to the jury given the evidence of unlawful confinement and active participation

Ratio Decidendi

The application for a directed verdict was dismissed because the Crown's circumstantial and after-the-fact evidence, if believed, could reasonably support a finding of planned and deliberate first degree murder by the accused as principal or aider/abettor; however, the judge excluded constructive first degree murder under s.231(5) from the jury because the Crown failed to establish the required active, substantial and integral participation and a continuous transaction linking unlawful confinement to the killing.

Court Disposition

Defence application for directed verdict dismissed; constructive first degree murder under s.231(5) excluded from jury instructions; jury to be instructed only on planned and deliberate first degree murder and included offences

Orders

  • Application for directed verdict dismissed
  • Do not put constructive first degree murder pursuant to s.231(5) to the jury