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Ontario Court of Appeal upheld a murder and attempted murder conviction, finding the circumstantial evidence supported aiding and abetting and the wilful blindness instruction was proper.
The Ontario Court of Appeal allowed Melissa George’s appeal from a second degree murder conviction, ordered a new trial, and found key jury instructions were inadequate.
The Supreme Court of British Columbia ordered committal in an extradition matter, finding a prima facie case that Sheida Alan was a party to a Qualcomm fraud scheme.
The Supreme Court of British Columbia acquitted Michael Elk and Isaac Hildebrand of aggravated assault, finding the Crown had not proved aiding, abetting, or knowledge beyond a reasonable doubt.
The accused was guilty of manslaughter because he planned and participated in a group assault that significantly contributed to the deceased's death; a reasonable person in his circumstances would have foreseen a risk of non‑trivial bodily harm from the group assault (and from the presence/use of knives once he knew or believed others had them); intervening acts by MP and CP did not break the causal chain; abandonment failed because he did not provide timely, unequivocal communication or take reasonable steps to neutralize his prior participation.
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The appeals are dismissed because the charge as a whole fairly instructed the jury on burden, reasonable doubt, distinctions between direct and circumstantial evidence, aiding and abetting and the limited use of after-the-fact conduct; any single imprecise remark in the charge was harmless, and the jury’s verdicts were reasonable and supported by cumulative circumstantial evidence linking Eric to the shooting and by inferences about Andrew’s conduct and statements.
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The Court of Appeal dismissed an appeal from a first degree murder conviction, holding that Harbottle’s enhanced participation test does not apply to aiding planned and deliberate murder.
The court acquitted Scott MacDonald Taylor of drug trafficking, firearm and ammunition charges, finding the Crown had not proven knowledge or control beyond a reasonable doubt.
The court found Kyle James Campagna guilty of trafficking and drug possession offences after repeated undercover purchases and circumstantial evidence tied him to the suite operation.
The trial judge did not err: his general and case-specific warnings adequately addressed any risk of collusion; admitting the in-dock identification was a lawful exercise of discretion because its probative value was admissible and the judge instructed the jury to give it no weight; and the Crown's improper remarks were remedied by clear corrective instructions, so a mistrial was not required. Appellate intervention was therefore unwarranted.
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