The Supreme Court orders a new murder trial for Jennifer Pan

The Supreme Court of Canada has confirmed an order for new first -degree murder processes for a woman from the Ontario and three others who were sentenced to an attack on her parents.

Jennifer Pan era Sentenced in 2015 to life in prison Without the possibility of supervised freedom for 25 years for first degree and life murder for attempted murder, for an attack from 2010 who left his mother who died and his father with a serious head wound.

His three co-accused were sentenced for the same accusations.

In his sentence on Thursday, the Supreme Court said that there should be new first -degree murder processes for all four, but he said the convictions for attempted murder.

On November 8, 2010, three armed intruders entered the Pan Family house in Markham, in Ontario, brought their parents into the basement and fired both in their heads and shoulders. Jennifer Pan, although not damaged, was linked to a disguise on the upper floor with a Shoelace.

The crown theory at the trial was that Jennifer, who had a difficult relationship with his parents, organized that they were killed with the help of others.

All four accused were sentenced to the Court of Ontario for first -instance murder and attempted the murder.

Two years ago, Court of Appeal of the Ontario New ordered tests on first instance murder beliefs.

The trial judge made a mistake in the instructions to the jury: court of appeal

The Court of Appeal said that the trial judge made a mistake by suggesting only two scenarios for the attack to the jury – one in which the plan was to kill both parents and another in which the plan was to commit a domestic invasion, during which the parents were affected.

The Court of Appeal said that the judge should have presented the possible verdicts of second instance murder and manslaughter to the jury in the death of the mother of Pan.

The crown appealed to the Supreme Court, trying to restore the sentences for first -instance murder.

The accused each presented cross appearances by claiming that the error of the judge of the trial in instructing the jury has also contaminated the murder attempts and asking for new tests on these counts.

Jennifer considered his parents, and in particular his father, as severe and controlling, said the Supreme Court in his sentence.

He lied to them to graduate from high school, attending what is now the Toronto Metropolitan University, completing a degree in the pharmacy from the University of Toronto, voluntarily in the hospital for sick children and working in the pharmacy, said the court.

“He created fake diplomas, transcriptions, graduation photos and paychecks to keep the facade,” said the court.

The Supreme Court discovered that the judge of the trial made a mistake in concluding that there was no air of reality to the theory on a plane to kill only the father.

Writing for the majority in the Superior Court, the Supreme Judge Richard Wagner said that the jury could have had a reasonable doubt about the fact that the mother was one of the expected objectives of the plan, while accepting the factual inferences necessary to condemn the accused of second degree murder or manslaughter.

While there were strong evidence in support of the crown theory that both parents were targets, there were no undisputed evidence that contradict the idea that the plan was only to kill the father, wrote Wagner.

Consequently, there was an air of reality for the crimes of murder and manslaughter of second degree and “should have been left with the jury,” he wrote.

The Supreme Court rejected the topic that there should be new processes on murder attempts.