R. v. Hudder

R. v. Hudder

The Crown failed to disprove the defence alibi beyond a reasonable doubt; timing and video evidence were inconclusive or not proven to be synchronized and the circumstantial case did not support the only rational inference of guilt, therefore the accused must be acquitted on all counts.

Citation
2014 NSPC 105
Parties
Prosecution: Her Majesty the Queen; Defendant: Andrew Jason Hudder
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
19 December 2014
Procedural Posture
Criminal / Trial (decision on Trial)
Outcome
Accused found not guilty on all counts
Legal Topics
Attempted Murder, Firearms Offences, Alibi Defence, Circumstantial Evidence, Burden of Proof, Credibility Assessment
Source Language
English

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 5 Authorities cited 17 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Her Majesty the Queen

Prosecution

Andrew Jason Hudder

Defendant

Procedural Posture

Criminal / Trial (decision on Trial)

  1. 1 Whether the accused was the driver of the Altima at the time of the shooting
  2. 2 Whether the Crown disproved the accused's alibi beyond a reasonable doubt
  3. 3 Whether the accused knew of the presence of a firearm in the Altima

Ratio Decidendi

The Crown failed to disprove the defence alibi beyond a reasonable doubt; timing and video evidence were inconclusive or not proven to be synchronized and the circumstantial case did not support the only rational inference of guilt, therefore the accused must be acquitted on all counts.

Court Disposition

Accused found not guilty on all counts

Orders

  • Acquittal: accused Andrew Jason Hudder found not guilty on all charges