Law360 Canada ( April 25, 2022, 8:49 AM EDT) -- Appeal by Osman and Wheyee from their convictions for manslaughter as co-principals in the forcible confinement and assault of the victim, which led to the victim’s death. Wheyee appealed on grounds of unreasonable verdict, use of inadmissible evidence and misuse of evidence of after the fact conduct, and Osman argued misconduct by state agents involved in the investigation and prosecution of his case. No witness observed any of the accused confine, assault or kill the victim. The victim’s body was found beaten and burned in the trunk of a burnt-out car. Witness testimony, surveillance footage, DNA evidence and cellphone records connected Osman and the Wheyee brothers to the crime. The trial judge found that the Crown had not proven the mens rea required for murder. The candidate murder weapons, the knife and the shotgun, might have been used for intimidation only, not with murderous intent. However, the trial judge found that it was reasonably foreseeable that the three accused’s collective confinement of the victim and assault of him could cause serious bodily harm that was neither trivial nor transitory. That was sufficient mens rea for unlawful act manslaughter....