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Summary

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Criminal Law Evidence Assessment Unreasonable verdict Eyewitness identification evidence Jury charge Whether the trial judge erred in directing the jury that a conviction could rest on the evidence of the eye witness alone.

Collin Moore was murdered and Roger Moore was wounded when two gunmen opened fire on them in a Toronto nightclub. The evidence suggesting that the appellant, Hay, was one of the shooters consists of one eyewitness’s identification of Hay and circumstantial evidence. The Crown argued at trial that the circumstantial evidence confirmed that Hay was the second shooter.

Lower Court Rulings