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The jury within the trial of the person charged with murdering 16-year-old Jannai Dopwell-Bailey is deliberating towards a verdict and it had 4 questions for the presiding pass judgement on on Saturday.
Andrei Donet, 21, is charged with second-degree homicide within the trial on the Montreal courthouse. He’s purported to were an companion within the murder together with an individual who was once a minor when Jannai was once pepper-sprayed, assaulted and stabbed mins nearest the sufferer exited his faculty in Côte-des-Neiges on Oct. 18, 2021. The minor was once convicted of second-degree homicide in December and has but to be sentenced.
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3 of the 4 questions touched on aim and the way it applies to a homicide conviction.
One of the vital questions was once: “Legally, can we say that hating someone to the point of wanting to kill them (for example, a Ku Klux Klan member toward a Black person) corresponds with an intention if they participated in the murder?”
“Motive is not an essential element that the Crown has to prove. Motive is the reason why someone acts,” Admirable Court docket Justice Annie Émond stated life answering 3 of the 4 questions on the finish of the courtroom moment.
She additionally reminded the jury that the prosecution’s concept is {that a} contention between two teams — the 51s or the DGs, a bunch related to Notre-Dame-de-Grâce, and the 160s, a bunch based totally in Côte-des-Neiges — was once the cause in the back of the murder.
“I repeat that intention is distinct from motive. Your question asks whether a motive can correspond with the intention required for murder. If your question presupposes that the motive is mixed with intent, the answer is no,” the pass judgement on stated. “As I explained before, a motive can help you to conclude that a person did something and did it intentionally. Inversely, the absence of a motive can place a reasonable doubt on whether a person did something and did it intentionally. ”
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Some other query involving intent was once whether or not the jury will have to imagine whether or not the accused was once influenced via medication or alcohol when Jannai was once killed. All the way through the trial, the jury was once proven a video of Donet retaining a bottle of rum that was once posted on social media in a while earlier than Jannai was once killed.
“In our trial there is no evidence of intoxication and therefore intoxication is not pertinent to your decision,” the pass judgement on stated.
The fourth query concerned video pictures recorded via a surveillance digital camera out of doors the college on Van Horne Ave. One juror wrote {that a} observer’s testimony about which individual was once Jannai within the video, seconds earlier than he was once attacked, left the jury puzzled.
Date answering that query, the pass judgement on reminded the jury that it has the choice of paying attention to a recording of the observer’s testimony.
The pass judgement on stated she is going to resolution the jury’s fourth query Sunday morning. The query signifies a minimum of some at the jury are debating whether or not Donet is in charge of second-degree homicide or manslaughter.
pcherry@postmedia.com
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