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
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Parties
Her Majesty the Queen
Prosecution
Andrew Jason Hudder
Defendant
Procedural Posture
Criminal / Trial (decision on Trial)
Legal Issues
- 1 Whether the accused was the driver of the Altima at the time of the shooting
- 2 Whether the Crown disproved the accused's alibi beyond a reasonable doubt
- 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
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