The appellant and a co-accused were convicted of second degree murder in a stabbing death of a victim who owed a drug debt.
The trial judge expressly refrained from finding that the appellant personally stabbed the victim, and the subjective mens rea for murder under s. 229(a)(ii) of the Criminal Code was not clearly analyzed.
The Court of Appeal majority erred by making a finding of fact that the trial judge declined to make and by accepting the trial judge's statement of intent as sufficient to support the murder conviction.
The Supreme Court of Canada dismissed the appeal but substituted a verdict of manslaughter, remitting the matter to the trial judge for sentencing.
