R. v. Leggette

R. v. Leggette

On the admissible evidence a reasonable jury properly instructed could convict both Blake Leggette and Victoria Henneberry of first degree murder: Leggette’s written admissions, the cell‑phone video (adoption of statements), forensic linkage (latent fingerprint on cling wrap, twig match), security footage, torn plastic and items taken, and post‑offence conduct provide sufficient evidence of planning, deliberation and participation to justify committal to trial; Henneberry’s statements, lies to the victim, actions immediately before and after the killing, and efforts to deceive support committal as a party.

Citation
2014 NSPC 117
Parties
Crown: Her Majesty the Queen; Accused: Blake Leggette; Accused: Victoria Henneberry
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
1 August 2014
Procedural Posture
Criminal First Degree Murder / Preliminary Inquiry Committal Decision
Outcome
Both accused committed for trial on charge of first degree murder and committed on related offences (theft, unlawful possession, indignity to remains).
Legal Topics
First Degree Murder, Committal Test, Parties Liability (aiding and Abetting), Hearsay and Adoption of Statements, After the Fact Conduct
Source Language
English
Criminal Law Evidence Forensic Science Procedural Law First Degree Murder Committal Test Parties Liability (aiding and Abetting) Hearsay and Adoption of Statements +1 more

Case Brief

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Parties

Her Majesty the Queen

Crown

Blake Leggette

Accused

Victoria Henneberry

Accused

Procedural Posture

Criminal First Degree Murder / Preliminary Inquiry Committal Decision

Legal Issues

  1. 1 Whether there is sufficient admissible evidence to commit each accused to trial for first degree murder
  2. 2 Whether evidence establishes planning and deliberation required for first degree murder
  3. 3 Whether the accused adopted incriminating statements on a cell‑phone video

Ratio Decidendi

On the admissible evidence a reasonable jury properly instructed could convict both Blake Leggette and Victoria Henneberry of first degree murder: Leggette’s written admissions, the cell‑phone video (adoption of statements), forensic linkage (latent fingerprint on cling wrap, twig match), security footage, torn plastic and items taken, and post‑offence conduct provide sufficient evidence of planning, deliberation and participation to justify committal to trial; Henneberry’s statements, lies to the victim, actions immediately before and after the killing, and efforts to deceive support committal as a party.

Court Disposition

Both accused committed for trial on charge of first degree murder and committed on related offences (theft, unlawful possession, indignity to remains).

Orders

  • Blake Leggette committed to stand trial on charge of first degree murder (s.235 Criminal Code) and related offences (theft s.322, unlawful possession s.354, indignity to remains s.182(b))
  • Victoria Henneberry committed to stand trial on charge of first degree murder (s.235 Criminal Code) and related offences (theft s.322, unlawful possession s.354, indignity to remains s.182(b))