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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 Court of Appeal for Ontario dismissed an appeal from a conviction for attempted murder, holding the video and surrounding circumstances supported identity and specific intent.
The Court of Appeal for Ontario dismissed Amanda Lee Batisse’s sentence appeal, holding that the five-year sentence was fit and effectively the statutory minimum.
Ontario Court of Appeal upheld a high-risk accused finding against Donald Gautreau, rejecting arguments about procedural fairness, statutory interpretation, and sufficiency of the evidence.
The Supreme Court of Canada restored B.F.’s attempted-murder conviction for her mother and upheld the convictions involving the child, finding no instructional error.
The court accepted a joint submission and sentenced Richard Charles Reed to ten years for attempted murder, with firearm prohibitions, DNA and forfeiture orders.
The British Columbia Court of Appeal granted leave but dismissed Qin Shen’s sentence appeal, upholding a 12-year sentence for attempted murder.
The trial judge did not materially misapprehend witness evidence, reasonably accepted that the attack was targeted, permissibly characterized the accused's post-event conduct as indicative of counter-surveillance after considering and rejecting reasonable alternatives, and the cumulative circumstantial evidence was sufficient that no properly instructed trier of fact could not convict; therefore the appeal is dismissed and convictions are upheld.
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The court rejected NCRMD, found the accused criminally responsible, convicted him on aggravated assault, disarming a peace officer, and obstruction, and dismissed attempted murder and weapons-possession charges.
The trial judge did not err: the evidence only supported that the respondent knew the victim was shot, not that he subjectively knew or strongly suspected the victim was probably dead and deliberately avoided inquiry. Wilful blindness requires suspicion of probability and deliberate avoidance; the record supported recklessness or indifference at best. There was also no air of reality to accessory-after-the-fact to attempted murder because the evidence did not raise a live dispute that the principal did not cause the victim's death. Therefore the directed verdict of acquittal on the accessory-…
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