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The Supreme Court upheld Don Johnson’s first degree murder convictions, finding party liability was properly left to the jury and any charge error harmless.
Conviction for manslaughter under s.21(2) was upheld because the appellant participated in planning and facilitating the robbery, knew or ought to have known co-perpetrators would be armed and likely to encounter resistance, and the fatal shooting was a reasonably foreseeable and temporally/situationally connected consequence of carrying out the common unlawful purpose.
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The Supreme Court upheld a manslaughter conviction arising from a group assault, holding that co-principal liability can apply even where one assailant delivered the fatal wound.
The Court of Appeal set aside firearms convictions against Malcolm Cooper and ordered a new trial, holding the trial judge used the wrong party-liability test under s. 21(2).
The court found Zachary Scott Matheson guilty of narcotics offences after holding that the evidence proved constructive and joint possession of drugs in a stash apartment.
The Court held the original jury charge and recharge failed to adequately relate the evidence to the specific factual findings required to establish that a non-shooter’s conduct was an essential, substantial and integral part of the killing under s.231(5)(e); although s.21(2) party liability can supply the mens rea for first degree murder, first degree liability still requires proof that the party's acts substantially caused the death, and because the record cannot show which appellant was shooter or that the non-shooter met the substantial causation requirement the convictions for first degr…
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The court found A.D. was the person who stomped Matthew Skura and convicted him and B.G. of manslaughter; B.G. was also convicted of assault causing bodily harm.
The court acquitted the accused of arson, finding he was a mere spectator, but convicted him of public mischief after holding the duress defence failed.
The charge to the jury failed to clearly and correctly explain the legal basis for the appellant's liability because the trial judge did not link general principles of aiding and common purpose to the specific elements of the offences charged and conflated the unlawful purpose under s.21(2) with the offence; therefore the convictions were quashed and a new trial ordered.
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The court convicted Thong Anh Ngo of producing cannabis and possession for trafficking, finding he aided a grow operation in a secured residence.
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