EVIDENCE - Documentary evidence - Photographs and video recordings - Methods of proof - Scientific evidence - DNA

Law360 Canada (August 21, 2023, 9:18 AM EDT) -- Appeal by Hoefman from his convictions for murder and extortion. He was found guilty of an elaborate plan to extort $1,000,000 from a local businessman, which involved the murder of Satre, an innocent civilian. Various pieces of evidence were presented during the trial, including video surveillance, DNA analysis found on his prescription glasses that were located under the victim’s body and the discovery of incriminating items in Hoefman’s residence. The trial judge ruled that certain evidence obtained through what Hoefman’s counsel referred to as “warrantless searches” did not violate his s. 8 rights under the Canadian Charter of Rights and Freedoms (Charter). The voir dire on “warrantless searches” involved arguments from both Hoefman and the Crown. Hoefman’s counsel contended that the evidence gathered from CCTV footage, key fob data, interviews, and surveillance and tracking of a duffle bag violated Hoefman’s rights. However, the trial judge determined that Hoefman had no reasonable expectation of privacy in the evidence collected, such as the video footage, key fob data, and movements surrounding the duffle bag. The judge also concluded that the interview of Hoefman’s former employer and the absence of a Form 5.2 did not constitute a search or seizure. During the trial, substantial evidence was presented by the Crown, connecting Hoefman to the extortion letters and the murder. The jury ultimately rendered a guilty verdict on both counts. On appeal, Hoefman represented himself and sought to introduce additional material, but failed to provide the required memorandum explaining the purpose and relevance of the material....
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