Hi all, I've been following closely but not logging in... I want to ask something of anyone willing to shed some light:
Why is it being disputed, whether it might have been DM or MS who pulled the trigger? While the angle of trajectory might or might not shed light, the Crown statement of fact argues that BOTH shot TB.
This is, in a layman sense, factually impossible--two people would not very likely pull the trigger. However, as so many other posters have pointed out, if TB was killed in the commission of a felony (i.e., theft of a truck), it is automatically 1st degree. Meaning, even if DM was misled or whatever by his friend, he still went along with this crime, forcibly confined someone, and was involved with a murder. I think there is very little doubt or dispute that they, at the very least, were stealing a truck?
I feel like the time spent on "who did it" is moot, given the criteria for 1st degree murder in Canada. I'm Canadian (live about an hour from the crime), so maybe some of this nuance is lost outside the country, or maybe I'm missing something in some posters' rationale. I'm asking honestly. How can anyone advocate for 1 of 2 people to not be guilty of 1st degree murder, when both were present (this is proven, as I've never heard of a "planted" fingerprint), both were committing a crime (theft, forceable confinement), and a death occurred--under our criminal code??