R. v. Ogden

R. v. Ogden

The court accepted the victim's recognition evidence corroborated by forensic blood/DNA and Ogden's inconsistent admissions; applying W.(D.) the accused's interview did not raise a reasonable doubt and the Crown proved beyond a reasonable doubt that Ogden intentionally discharged a revolver to wound Byers and unlawfully possessed and carried the firearm, warranting convictions on s.244 and related unlicensed/concealed possession counts while applying Kienapple and dismissals where elements overlapped.

Citation
2014 NSPC 7
Parties
Crown: Her Majesty the Queen; Accused: Shondell James Ogden
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
14 February 2014
Procedural Posture
Criminal / Provincial Court Trial Decision
Outcome
Guilty on Count 10 (s.244 intentional discharge with intent to wound), Count 7 (s.90(2)(a) unlawfully carrying a concealed weapon), Count 8 (s.92(1) possession without licence/registration), Count 9 (s.95(1) possession of a restricted firearm without authorization); Not guilty on Count 1 (attempted murder); stays...
Legal Topics
Identity of Accused, Standard of Proof Reasonable Doubt, Photo Line Up Procedure, Dna/blood Forensic Evidence, Kienapple Rule Multiple Convictions, W.(d.) Credibility Assessment
Source Language
English
Criminal Law Firearms Offences Evidence Forensic Science Eyewitness Identification Identity of Accused Standard of Proof Reasonable Doubt Photo Line Up Procedure +3 more

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Parties

Her Majesty the Queen

Crown

Shondell James Ogden

Accused

Procedural Posture

Criminal / Provincial Court Trial Decision

Legal Issues

  1. 1 Was Shondell Ogden the person who shot Jason Byers?
  2. 2 Is the eyewitness photo line-up identification reliable?
  3. 3 Does forensic evidence corroborate the identification and location of the shooting?

Ratio Decidendi

The court accepted the victim's recognition evidence corroborated by forensic blood/DNA and Ogden's inconsistent admissions; applying W.(D.) the accused's interview did not raise a reasonable doubt and the Crown proved beyond a reasonable doubt that Ogden intentionally discharged a revolver to wound Byers and unlawfully possessed and carried the firearm, warranting convictions on s.244 and related unlicensed/concealed possession counts while applying Kienapple and dismissals where elements overlapped.

Court Disposition

Guilty on Count 10 (s.244 intentional discharge with intent to wound), Count 7 (s.90(2)(a) unlawfully carrying a concealed weapon), Count 8 (s.92(1) possession without licence/registration), Count 9 (s.95(1) possession of a restricted firearm without authorization); Not guilty on Count 1 (attempted murder); stays...

Orders

  • Convicted of Count 10 - discharging a firearm with intent to wound (Criminal Code s.244)
  • Convicted of Count 7 - unlawfully carrying a concealed weapon (Criminal Code s.90(2)(a))