Law360 Canada (December 5, 2022, 9:12 AM EST) -- Appeal by Weng from his convictions on charges of murder and attempted murder on the grounds that the trial judge erred by misdirecting himself on the mens rea requirement for murder and attempted murder, and by applying common-sense inference without considering all the evidence bearing on his mental state. Tang asked Weng to help him collect the debt for tickets from Wu. Wu told Weng an insult over the phone that angered Weng. Weng retrieved a handgun from his house and set off with a group to the parking lot where they agreed to meet. Wu was with his friends, which included Zhang. Both groups shouted and cussed at each other. This led to Weng shooting Wu in the shoulder and Zhang in the groin area. Zhang died due to the bullet wounds. Weng denied shooting anyone and stated he did not know Wu or Zhang. At trial, Crown counsel argued Weng intended to kill Wu or to cause him bodily harm that he knew was likely to cause death and was reckless as to whether death ensued, he was guilty of the second-degree murder of Zhang based on transferred intent, and he was guilty of attempting to murder Wu as he had the specific intent to kill Wu. The trial judge concluded his reasons by quoting from R. v. Walle and stated the inference applicable to the murder of Zhang and the attempted murder of Wu was indistinguishable. He found Weng guilty of both murder and attempted murder....
LexisNexis® Research Solutions

Related Sections