CRIMINAL CODE OFFENCES - Homicide - Second-degree murder - Attempted murder

Law360 Canada ( September 4, 2026, 9:42 AM EDT) -- Appeal by appellant from his convictions and sentence for second-degree murder and attempted murder, and application for leave to appeal sentence. The convictions arose from an incident in which three men were shot, two fatally. The appellant raised three grounds of appeal from conviction, submitting that the trial judge erred by failing to include a caution regarding eyewitness identification in the jury charge, erred in the instruction regarding post-offence conduct, and erred in admitting the surviving victim’s res gestae statements for the truth of their contents. The appellant also sought leave to appeal sentence, arguing that the 25-year period of parole ineligibility imposed for the second-degree murder convictions was unjustified because it failed to recognize that the jury convicted him of second-degree rather than first-degree murder. The respondent submitted that there were no reversible errors in the jury charge or the evidentiary ruling and that the sentence attracted appellate deference....
LexisNexis® Research Solutions

Related Sections