R v Musa

canada, canadian, case law, court opinion, canlii, mbca, 2026mbca72, 2026 mbca 72 (canlii), 2026, mbca, 72, (canlii), ar23-30-10011, 2026, criminal and statutory offences, appeals, conviction appeal, forcible confinement, robbery, first degree murder, whether convictions should be set aside and a new trial ordered, appeal from judge, alone trial assessing credibility and surrounding evidence, murder conviction treated separately from other counts, appeal allowed in part, murder conviction set aside and new trial ordered, evidence, hearsay, prior statements, unsavoury witness, canada evidence act, s. 9(2), vetrovec v the queen, whether the trial judge properly assessed ultimate reliability of the lone eyewitness, procedural reliability found on oath and recorded statement and testimony, inconsistencies and intoxication scrutinised, appeal dismissed on this ground, criminal and statutory offences, homicide, intent, unreasonable verdict, whether the trial judge failed to consider exculpatory evidence on whether the stabbing occurred during a fight or self, defence and without intent, w(d) principles applied to favourable evidence within the crown case, findings on force and targeting unsupported, murder conviction set aside and new trial ordered