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Crown appeal allowed and second degree murder conviction restored following dispute over jury instructions.
The accused was charged with second degree murder after stabbing his wife to death.
At trial, he pleaded manslaughter, arguing he acted in a state of mental unconsciousness due to the combined effect of alcohol and medication.
The jury convicted him of second degree murder.
The Court of Appeal ordered a new trial, finding the trial judge erred in his jury charge regarding the burden of proof and reasonable doubt.
The Supreme Court of Canada allowed the Crown's appeal and restored the conviction, adopting the dissenting reasons from the Court of Appeal.
