The appellant was convicted of first degree murder after a burned body was found in his car and he faked his own kidnapping.
At trial, the judge instructed the jury on self-defence but did not instruct them that excessive force in self-defence could reduce murder to manslaughter.
The Supreme Court of Canada dismissed the appeal, holding that there was insufficient evidence to even put the defence of self-defence to the jury.
Furthermore, the Court held that under the Criminal Code, there is no qualified defence of excessive force in self-defence that would automatically reduce murder to manslaughter.
