In considering self-defence the jury will need to answer three questions, Then told the jury.
1. Did Officer Forcillo believe on reasonable grounds that force was being used or threatened against him or another person?
2. Did Officer Forcillo shoot Mr. Yatim for the purpose of defending himself or another person from the use or threat of force?
3. Was Officer Forcillos conduct reasonable in the circumstances?
Justice Then has told the jury that Forcillo was not aware of events that had happened prior to his confrontation with Yatim, and that only Forcillos state of mind not Yatims is relevant to their deliberations.
The defence has argued Forcillo believed Yatim was going to attack him with a knife when he fired, and that he used lethal force to save himself and others from death or serious bodily harm.
Forcillo said his belief came from Yatims aggressive body language that he was unafraid, had a clenched jaw and took a deep breath as if preparing to fight to the end before moving forward.
The Crown has said it was not self-defence or self-preservation that motivated Forcillo to shoot Yatim, but anger that the teen violated the ultimatum he set: you take one step in this direction and Ill shoot. The Crown argued that while Yatim was holding a knife, his behaviour as captured on the video was mocking not threatening.
They have argued Forcillo manufactured his testimony about Yatims threatening appearance and behaviour and that it is not corroborated by the video evidence.