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Tuesday, April 23, 2019 @ 9:35 AM  

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Appeal by the accused from conviction for attempted murder. Two RCMP officers went to the appellant’s residence to arrest him. When the appellant saw the officers in the yard, he threatened to shoot them and ran into his residence. He armed himself with a shotgun and fired two shots from an upstairs window striking one of the officers with both shots. At trial, the appellant asserted that he was aiming at the side of the garage and that he intended to scare the officers, not shoot anyone. The trial judge relied on the testimony of both experts regarding the likely point of aim and other evidence in rejecting the appellant’s testimony as to his intent.

HELD: Appeal dismissed. The trial judge did not impose a burden of proof on the Crown that was lower than proof beyond a reasonable doubt. The trial judge considered the appellant’s expert’s opinion along with all the other evidence. He properly applied the law regarding the specific intent required for attempted murder. The verdict was not unreasonable. The trial judge considered the totality of the evidence when he concluded that the only reasonable inference was that the intention was to kill the officer and not to scare him.

R. v. Ewert, [2019] M.J. No. 75, Manitoba Court of Appeal, M.A. Monnin, W.J. Burnett and J. leMaistre JJ.A., March 25, 2019. Digest No. TLD-April222019002