Law360 Canada (August 22, 2024, 2:51 PM EDT) -- Appeal by Chizanga and Meredith (appellants) from convictions and sentence for second-degree murder of McIntosh. McIntosh was shot multiple times in a Popeyes restaurant washroom. The appellants were charged with first-degree murder based on planning and deliberation. After their convictions for second-degree murder, both appellants were given mandatory life sentences. Meredith was given 16 years’ parole ineligibility. Chizanga was given 12 years’ parole ineligibility. The key facts were that motel video evidence (video) placed both appellants in the washroom area during the shooting, and Meredith admitted shooting McIntosh but claimed it was accidental during a scuffle. A contested issue was whether a second gun was fired by Chizanga. The Crown argued they acted in joint plan to murder McIntosh and laid in wait at the Popeyes for the victim, which was indicative of a planned and deliberate first-degree murder. The Crown also alleged that the firearm that was seen in the video was used in the murder at Popeyes. A central issue on appeal was the admissibility of the video evidence showing Meredith holding an assault rifle the day before, which the Crown argued was prior discreditable conduct evidence of planning. Chizanga challenged the jury instructions on joint enterprise liability and post-offence demeanour evidence. Meredith appealed his parole ineligibility period as unreasonable. The appellants argued that the video evidence was improperly admitted and that aspects of the jury instructions were flawed. The Crown’s position was that the convictions and sentence were reasonable based on the evidence of a joint plan and deliberation....