R. v. Shephard

R. v. Shephard

Based on the totality of the evidence — including s.655 admissions, security camera video and stills, multiple eyewitness identifications corroborated by a distinctive hairstyle and contemporaneous observations (including a witness who saw the accused with a handgun), expert opinion that the shooting was at close range, and the accused's flight from the scene — the Crown proved beyond a reasonable doubt that Jerrell Ervin Shephard committed attempted murder and unlawfully possessed a loaded restricted firearm while prohibited; overlapping charges were conditionally stayed under Kienapple.

Citation
2013 NSSC 447
Parties
Crown: Her Majesty the Queen; Accused: Jerrell Ervin Shephard
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
7 June 2013
Procedural Posture
Criminal Indictable Offences / Trial; Judgment (guilty Verdict)
Outcome
Guilty on counts 1, 6 and 8; counts 2, 3, 4, 5, 7 and 9 conditionally stayed under R. v. Kienapple
Legal Topics
Attempted Murder, Firearm Possession, Breach of Prohibition Order, Identification Evidence, Post Offence Conduct, Kienapple Stays
Source Language
English
Criminal Law Firearms Law Evidence Attempted Murder Firearm Possession Breach of Prohibition Order Identification Evidence Post Offence Conduct +1 more

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Parties

Her Majesty the Queen

Crown

Jerrell Ervin Shephard

Accused

Procedural Posture

Criminal Indictable Offences / Trial; Judgment (guilty Verdict)

Legal Issues

  1. 1 Identity of the shooter (reliability of eyewitness identification)
  2. 2 Whether the shooting constituted attempted murder (intent to kill)
  3. 3 Whether the firearm was possessed while accused was prohibited from doing so

Ratio Decidendi

Based on the totality of the evidence — including s.655 admissions, security camera video and stills, multiple eyewitness identifications corroborated by a distinctive hairstyle and contemporaneous observations (including a witness who saw the accused with a handgun), expert opinion that the shooting was at close range, and the accused's flight from the scene — the Crown proved beyond a reasonable doubt that Jerrell Ervin Shephard committed attempted murder and unlawfully possessed a loaded restricted firearm while prohibited; overlapping charges were conditionally stayed under Kienapple.

Court Disposition

Guilty on counts 1, 6 and 8; counts 2, 3, 4, 5, 7 and 9 conditionally stayed under R. v. Kienapple

Orders

  • Convicted of Count 1: Attempted murder contrary to s.239(1)
  • Convicted of Count 6: Possession of a loaded restricted firearm contrary to s.95