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Airdrie killer Michael Roebuck didn’t must weigh the professionals and cons of his resolution to fatally shoot his neighbour to be convicted of first-degree homicide, a prosecutor stated Thursday.
However the lawyer for Roebuck argued his actions in taking pictures Daniel MacDonald in broad daylight on the sufferer’s driveway was indicative of a scarcity of deliberation earlier than he acted.
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Defence counsel Kelsey Sitar requested an Alberta Court docket of Attraction panel to both order a retrial for Roebuck, or substitute a conviction of second-degree homicide within the case.
Crown prosecutor Rajbir Dhillon was peppered with questions by Justice Jo’Anne Strekaf on how trial Justice Michele Hollins was capable of conclude MacDonald’s demise was the results of planning and deliberation by the killer.
“What we’ve is an 11-minute state of affairs triggered by a battle,” Strekaf stated, of fisticuffs between Roebuck and MacDonald at an Airdrie fuel station not removed from the place their properties have been which precipitated the deadly taking pictures.
“The place can we discover that he put his thoughts to the results?” she requested.
“There’s six witnesses … he offers no consideration to the consequence of ‘what if I get caught.’”
However Dhillon stated Hollins wasn’t required to find out if Roebuck put his thoughts to what would happen after he killed MacDonald.
“It doesn’t must be a price/profit evaluation,” he instructed the three-member attraction panel.
“You possibly can infer from the totality of what he did that he did think about and he did deliberate on this plan,” Dhillon stated.
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“You possibly can infer he deliberated on his plan and it doesn’t matter if it’s 11 minutes or it’s an hour.”
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Roebuck and MacDonald, who lived doorways aside on an Airdrie cul-de-sac, have been former mates and enterprise companions who had a falling out.
On the afternoon of Sept. 7, 2019, the 2 males bumped into one another in a close-by fuel station car parking zone and obtained right into a battle.
As Roebuck drove away afterwards he yelled “I’ll see you at house,” and when he obtained to his residence he went to his basement, retrieved and loaded a shotgun after which waited in his storage till MacDonald arrived house.
The offender then raced to the sufferer’s driveway and shot him as soon as within the chest and as soon as within the again.
In her written submissions, Sitar stated Hollins failed to contemplate indicators of Roebuck weighing the doubtless advantages and disadvantages of finishing up his plan to shoot MacDonald, akin to whether or not he had a getaway plan, or took steps to attenuate or remove witnesses.
The attraction judges reserved their ruling.
KMartin@postmedia.com
X: @KMartinCourts
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