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Rex v. A.A. (2026)

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Client found not guilty of second-degree murder but guilty of lesser and included offence of Manslaughter. A.A. was accused of searching for his sister’s estranged husband and located him at his aunt’s home. He is then to have surreptitiously watched the house on at least five occasions plotting to catch his sister’s estranged husband at the home. A.A. was accused to have entered the home unannounced and when he could not find the estranged husband of his sister, become embroiled in an argument the aunt. During the course of the argument, A.A. was accused of stabling the aunt multiple times including to the heart and jugular vein and then set the body on fire to conceal the killing. Joseph Neuberger of Neuberger & Partners LLP, Criminal Lawyers Toronto, was retained. The Crown evidence was clear on exclusive opportunity as there were multiple CCTV cameras and other digital evidence placing AA at the scene including video obtained from his own cell phone, and GPS from his phone and apple watch. The issue centered around the forensic evidence including the post mortem evidence setting out the sequence and details of the struggle and stabbing in order to establish the elements necessary to prove second degree murder. The defence was able to raise a reasonable doubt as to the sequence and intent of the stabbing leaving the court unable to find that AA intended to kill or was reckless as to causing death. As such, A.A. was found guilty of Manslaughter and not guilty of second degree murder.

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