The appellant was convicted of first degree murder under s. 213(d) of the Criminal Code, where the underlying offence was indecent assault.
He appealed on the grounds that the trial judge erred in instructing the jury on the defence of drunkenness.
The Supreme Court of Canada held that while the trial judge erred in his instructions regarding drunkenness and the mental elements of constructive murder, the error did not result in a miscarriage of justice because the jury's verdict indicated they were satisfied the appellant had the capacity to commit the indecent assault.
The appeal was dismissed.
