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https://www.thestar.com/news/gta/2018/09/27/he-was-acquitted-of-murder-in-may-this-week-he-was-shot-in-the-chest-and-charged-with-attempted-murder.html?li_source=LI&li_medium=star_web_ymbii

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Supreme Court of Justice Case: Certiorari Application

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Supreme Court of Justice Case: Certiorari Application

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http://www.ontariocourts.ca/search-canlii/scj/scj-en.htm

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https://globalnews.ca/tag/havard-mckenzie/

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 The others were charged with first-degree murder, assault with a deadly weapon causing injury/bodily harm. The courts seen fit that the applicant would be charged with second degree murder in relation to Mr. Mahammad, to be seen in front of a Judge and jury. After everything was said and Done, he was acquitted of the charge and set free as of May 2018. The verdict in this case will not be disclosed because of section 239(1) of the criminal acts. However, Havard McKenzie is still making headlines. By the end Of September 2018, Makenzie was in the hospital with a bullet hole in him after an altercation and being charged with attempted murder. 

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Video Footage of the Events unfolding- Shows no Actus Reus

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Video Footage of the Events unfolding- Shows no Actus Reus

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What started off as a robbery, ended in the death of one and others injured. The robbery was planned and executed but the victims got free. Because of this the murder was assessed as the second incident , involving the same people.  The individual that requested a Certiorari Application stated that he should not be tried as first degree but second-degree murder, as he wasn’t ruling out that he shot Mr. Mahammad. Stating the even though the footage does show him shooting the deceased three times, he did not plan on killing him when he walked back into the restaurant.  Therefore the requirements of first-degree murder is not met.

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Murder simply put is when someone kills another. Criminal Law delegates how harsh the punishment should be decided. When a person commits murder, the Superior Court of Justice handles murder and other serious indictable offences that fall under the Criminal Code of Canada. The accused could be charged first degree, second degree, or involuntary/voluntary manslaughter. The Crown must prove Mans rea and actus Reus in order to be charged with first degree murder.  The defendant can challenge the charge with a Certiorari Application if either lack of Mens reas or actus Reus could be proved. To further understand how an individual is to be originally tried for first-degree murder, ask for second-degree, and in the case of R. v. McKenzie, 2018 ONSC 2006 (CanLII), get acquitted of the charges.