R v Aleekuk

canada, canadian, case law, court opinion, canlii, ntca, 2025nwtca4, 2025 nwtca 4 (canlii), 2025, nwtca, 4, (canlii), a-1-ap-2023-000 012, 2025, criminal and statutory offences, appeals, conviction appeal, attempted murder, discharging a firearm with intent to wound, aggravated assault, whether convictions should be set aside on appeal, trial judge’s appreciation of the record and inferences from video and agreed facts, conviction appeal dismissed, aggravated assault conviction conditionally stayed, criminal and statutory offences, attempted murder, intent, whether the trial judge wrongly “took judicial notice” of lethal risk, inference of lethal intent from short range, aim at head, number of shots, injuries and vehicle damage, absence of expert evidence not determinative, finding it was open to find lethal risk and lethal intent, ground of appeal dismissed, rights and freedoms, charter, s. 8 and s. 24(2), exclusion of evidence, warrantless search of car, duffel bag and trunk, crown concession of breach, whether trial judge erred in admitting three shotgun shells under r v grant, seriousness of conduct, impact on charter, protected interests, society’s interest weighed, deference on appeal, admission upheld, criminal and statutory offences, kienapple, multiple convictions, whether aggravated assault should be conditionally stayed where attempted murder proved on same facts, factual nexus conceded, legal nexus assessed under r v kienapple, r v prince, r v wolfe, charging “particularized” wording and specific versus general intent not a bar, conditional stay entered, appeal allowed in part