The Crown applied for certiorari and mandamus to quash a preliminary inquiry judge’s decision declining to commit the accused to trial for second degree murder in the death of an infant child.
The preliminary inquiry judge had instead committed the accused for manslaughter and criminal negligence causing death, finding no evidence of the intent required for murder.
The reviewing court held that the preliminary inquiry judge exceeded the limited role of the committal stage by weighing evidence and effectively preferring defence‑favourable inferences.
There was some evidence capable of supporting the inference that the accused intended to cause bodily harm knowing it was likely to cause death, including evidence of animus, repeated abusive conduct, and warnings about the dangers of shaking an infant.
The discharge on the murder charge was quashed and the matter was remitted with direction to commit the accused for trial on second degree murder.
