R. v. N.W.

R. v. N.W.

The Judge rejected the accused’s W.(D.) testimony and belated alibi as not credible, accepted M.B.’s testimony as corroborated by L.C., eyewitness Ashford, scene lighting and timing and forensic links to the rifle, and concluded the Crown proved beyond a reasonable doubt that N.W. planned, deliberated and shot J.C., warranting conviction for first-degree murder.

Citation
2017 NSPC 39
Parties
Crown: Her Majesty the Queen; Accused (young Person): W.(N.); Victim: J.C.
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
16 August 2017
Procedural Posture
Youth Criminal Matter — First Degree Murder / Trial Decision (conviction)
Outcome
Convicted of first-degree murder
Legal Topics
First Degree Murder, Alibi, Credibility and Corroboration (vetrovec), W.(d.) Principles, Interception of Communications, Publication Restriction
Source Language
English
Criminal Law Youth Justice Homicide Evidence First Degree Murder Alibi Credibility and Corroboration (vetrovec) W.(d.) Principles +2 more

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Parties

Her Majesty the Queen

Crown

W.(N.)

Accused (young Person)

J.C.

Victim

Procedural Posture

Youth Criminal Matter — First Degree Murder / Trial Decision (conviction)

Legal Issues

  1. 1 Whether Crown proved beyond a reasonable doubt that N.W. shot and killed J.C.
  2. 2 Whether the accused’s testimony under W.(D.) raises a reasonable doubt
  3. 3 Weight to be afforded accomplice evidence and need for independent corroboration (Vetrovec)

Ratio Decidendi

The Judge rejected the accused’s W.(D.) testimony and belated alibi as not credible, accepted M.B.’s testimony as corroborated by L.C., eyewitness Ashford, scene lighting and timing and forensic links to the rifle, and concluded the Crown proved beyond a reasonable doubt that N.W. planned, deliberated and shot J.C., warranting conviction for first-degree murder.

Court Disposition

Convicted of first-degree murder

Orders

  • Convicted of first-degree murder of J.C.
  • Publication restriction applied pursuant to YCJA ss.110 and 111 (identity of young person and victim/witness)