Attempted murder appeal examines relevance of video evidence

Law360 Canada (April 2, 2026, 10:17 AM EDT) --

John L. Hill

Everyone is familiar with the tragic events in Dallas, Texas, on Nov. 22, 1963. President John F. Kennedy was shot and killed while riding in an open convertible. A bystander, 58-year-old Abraham Zapruder, captured the shooting on his 8mm movie camera.

The 26.6 seconds caught on film have led to a controversy that endures to this day, about whether Lee Harvey Oswald was the assassin or the sole actor in a plot to kill the president. The recorded sequence has been analyzed against forensic evidence to suggest other explanations of who, why and how Kennedy met his end.

The arguments used in disputes over the Kennedy assassination are remarkably similar to the explanation used in the appeal launched in the Ontario Court of Appeal after Ugas Hassan was convicted of attempted murder following a single gunshot fired during a chaotic melee in a bar parking lot in the early hours of Oct. 31, 2021 (R. v. Hassan, 2026 ONCA 66).

This shooting was also recorded. The surveillance footage was the most reliable evidence, showing Hassan having an earlier altercation with the victim, leaving the bar and returning angry after spending time near a vehicle. Upon returning, Hassan was seen handling an object in his pocket, which the trial judge determined to be a handgun, not a cellphone as claimed. When moving toward the parking lot, Hassan deliberately approached the victim, positioned himself close during the chaotic fight, raised the gun and fired. The victim immediately collapsed, bystanders fled, and Hassan walked away calmly. No one else was seen pointing a weapon, and a shell casing was recovered nearby.

On appeal, Hassan argued that the verdict was unreasonable because of inconsistencies between the medical evidence and the video regarding the shooter’s position. This argument was dismissed because the trial judge reasonably chose not to make exact findings about positioning in a fast-moving, obstructed scene and instead relied on the overall video evidence.

Hassan’s argument relied on an appellate reconstruction of the incident using still frames and inferential geometry. The Appeal Court determined that it is not the appellate court’s role to perform such reconstruction on an unreasonable verdict claim (R. v. Biniaris, 2000 SCC 15; R. v. W.H., 2013 SCC 22). The trial judge, who viewed the video in motion and in context, was justified in concluding that the victim’s exact body position at the moment of the shot could not be reliably established. The court emphasized that speculative reconstruction and unsupported alternative theories do not establish reasonable doubt. Despite the lack of forensic evidence or a recovered weapon, the video offered compelling direct evidence linking Hassan to the shooter.

Hassan also contended that the conviction for attempted murder was based on recklessness rather than intent. The court disagreed, stating that the trial judge correctly applied the law requiring specific intent to kill. By deliberately firing a handgun at close range into the victim’s torso, Hassan either intended to kill or was aware that death was a nearly certain result. The victim’s survival did not negate this intent (R. v. Boone, 2019 ONCA 652).

The court determined that the trial judge’s findings regarding identity and intent were reasonable and supported by the evidence. The verdict was upheld.

The Hassan court dismissed attempts to precisely determine body position and bullet trajectory from a partially obstructed, fast-moving video. Many Zapruder film critiques presume the film can definitively establish angles, timing and trajectories with near-scientific certainty, despite limitations in perspective, frame rate and visual clarity. They treat imperfect visual evidence as if it can produce exact forensic conclusions beyond its actual capacity. The Ontario Court of Appeal does not agree.

John L. Hill practised and taught prison law until his retirement. He holds a JD from Queen’s and an LLM in constitutional law from Osgoode Hall. He is also the author of Pine Box Parole: Terry Fitzsimmons and the Quest to End Solitary Confinement (Durvile & UpRoute Books); The Rest of the (True Crime) Story (AOS Publishing) and Acts of Darkness (Durvile & UpRoute Books).Contact him at johnlornehill@hotmail.com.

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