EVIDENCE - Documentary evidence - Photographs and video recordings - Methods of proof - Identification

Law360 Canada ( April 2, 2026, 9:37 AM EDT) -- Appeal by Nassan from his conviction for attempted murder. The central trial issues were the identity of the shooter and the appellant’s intent at the moment the shot was fired. The incident was captured on surveillance video, which the judge repeatedly reviewed and treated as the most reliable evidence. The video showed that earlier that evening, the appellant lost a fight with the victim inside the bar, left the premises, spent time at a vehicle in the parking lot, and returned visibly angry. The video showed the appellant moving purposefully toward the victim, circling the melee, positioning himself close to the victim, raising the handgun horizontally, and firing, followed by a loud bang, the victim’s immediate collapse, and bystanders fleeing while the appellant walked calmly away. On appeal, Hassan advanced two grounds. First, that the verdict was unreasonable because it relied on illogical reasoning and insufficient evidence when the video was considered together with medical evidence concerning the bullet’s path, and second, that the judge misapplied the mens rea for attempted murder, effectively convicting based on recklessness. He argued the medical evidence made it impossible for him to have been the shooter and that the circumstantial record left reasonable alternative inferences....
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