Is there sufficient evidence to establish that a defendant committed a first-degree murder under section 189 of the Ontario Criminal Code?

California, United States of America


The following excerpt is from People v. Hage, E065468 (Cal. App. 2018):

Defendant challenges the sufficiency of evidence of first degree murder. Section 189 provides in relevant part: "All murder which is perpetrated by means of . . . lying in wait, . . . or by any other kind of willful, deliberate, and premeditated killing, . . . is murder of the first degree." ( 189.) The statute further provides that "'premeditated' means 'considered beforehand,' and 'deliberate' means 'formed or arrived at or determined upon as a result of careful thought and weighing of considerations for and against the proposed course of action.' [Citation.]" (People v. Mayfield (1997) 14

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