The accused was charged with first degree murder, kidnapping, and aggravated sexual assault.
The trial judge found an air of reality to the defence of abandonment and convicted the accused of manslaughter.
The Court of Appeal dismissed the Crown's appeal.
The Supreme Court of Canada allowed the Crown's appeal, agreeing with the dissenting appellate judge that the evidence was incapable of supporting the defence of abandonment.
The Court set aside the manslaughter conviction and entered a conviction for first degree murder, as the facts found by the trial judge clearly established a planned and deliberate murder involving unlawful confinement.
