Regina v. Craciun

Client’s Problem: 

The client was charged with two counts of second-degree murder. The client along with five others were driving to Williams Lake and made a stop at the victim’s house, where two men were shot and killed.

Instructions:

Defend the charges. The client insisted he was innocent as had no intentions to harm the victims and did not enter the victim’s residence that night.

Trial evidence: 

The Crown took the position that the client was aware of and involved in the plan to harm the victims, which ultimately resulted in their death. The van had stopped at one point during the trip and the smell of burning oil became apparent to the passengers of the van. The plan was then to stop at the victim’s house to obtain oil and continue their journey to Williams Lake. During the trip, a few of the passengers, excluding the client, had formed ideas of robbing the victim at gunpoint. The client was asleep during those conversations. The evidence led by the Crown failed to show that the client entered the residence and that he was aware of any plan other than to obtain oil from the victim.
The client did not testify.

Ruling: 

The client was acquitted of both charges for second-degree murder.

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