“Not guilty” of First Degree Murder

  1. The prosecution alleged that the defendant, together with two other men, had organized and executed a robbery where the deceased was shot and killed.  The prosecution’s case concerning murder depended substantially upon evidence of text messages between the three defendants.  In support of its case, the prosecution attempted to tender the evidence of a police expert who would testified that the text messages reflected a plan on the part of the three defendants to bring a gun to the robbery.  Through cross-examination, the defence was able to undermine the evidence of the police expert and the prosecution withdrew its attempt to tender the evidence.  The prosecution also agreed to accept a plea to the lesser included offence of manslaughter.  As a result, the accused was “found guilty” of First Degree Murder. 


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NATHAN GORHAM 
CRIMINAL DEFENCE LAWYER
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