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The appeal was dismissed because the trial judge did not misapprehend the evidence and the inference that the appellant fired at James Blair with intent to kill, or alternatively to cause bodily harm that he knew was likely to result in death, was the only reasonable inference available on the evidence.
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The court acquitted Stephen Michael McKnight on trafficking and silencer counts, finding the circumstantial evidence insufficient for constructive possession, but convicted him of simple possession of fentanyl found on his person.
The Court of Appeal dismissed related securities appeals arising from a Kunekt market-manipulation scheme, upholding liability, jurisdiction, and refusal to vary findings.
The vehicle search was a lawful search incident to arrest because the officer subjectively believed and had an objectively reasonable basis to search for evidence explaining the defendant’s flight; no s. 8 breach occurred and, alternatively, admission would be saved under s. 24(2) under Grant; the circumstantial evidence supported the sole rational inference that the appellant ejected the bag from the driver’s side window and guilt was proven beyond a reasonable doubt, therefore the appeal is dismissed.
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On the totality of credible evidence the Crown proved beyond a reasonable doubt that the accused repeatedly represented she had performed billable services when she had not, submitted purchase receipts to be paid by TKMT while withholding refund receipts and thereby caused deprivation; the accused's explanations were not credible and the only reasonable inference is that she acted with subjective knowledge or recklessness as to deprivation, satisfying the mens rea and warranting conviction under s.380(1)(a).
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The court found Lee Michael Trifunski guilty of possessing methamphetamine for the purpose of trafficking after direct observation, recovery of the drugs, and expert evidence.
The court ordered Abate Samuel Erasto committed to await surrender to the United States, finding identity established and sufficient evidence of conspiracy to traffic controlled substances.
The Court of Appeal upheld most trial findings in the Surrey Six murders appeal, but quashed the convictions and remitted the stay applications for an evidentiary hearing.
The court convicted Derek Adam Edmund Hellinger on all narcotics counts after finding his denial implausible and concluding the drugs were in his possession.
The Court of Appeal upheld Brendan James Schouw’s conviction for GST evasion, finding the trial judge applied the correct subjective mens rea test.
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