The Ontario Court of Appeal has dismissed an appeal brought by Toronto Police Const. James Forcillo, convicted in the 2013 death of 18-year-old Sammy Yatim.
The facts of the case are like something that would appear on a law school exam, says criminal defence lawyer Daniel Brown. Relevant in the case were mandatory minimum sentences for firearms offences, suicide by cop defences and the unique situation in which the flurry of shots that killed Yatim were split into two groups and dealt with separately.
The main issue in the appeal was the breaking up of the nine shots used by Forcillo into two separate segments. The first three shots that killed Yatim were ruled justifiable, but for the second six shots, Forcillo was convicted of attempted murder.