The accused was charged with second-degree murder following the death of a highly intoxicated victim who was beaten and stabbed in a park.
The Crown's case relied primarily on the testimony of an eyewitness who observed the accused and another individual jointly assault the victim, including striking him with a heavy pole and kicking him in a ditch.
Although it could not be determined who inflicted the fatal stab wound, the court applied the principles of co-principal liability under s. 21(1)(a) of the Criminal Code.
The court found that the accused's participation in the brutal group assault was a significant contributing cause of death and that the requisite intent for murder could be inferred from the viciousness of the attack on an incapacitated victim.
The accused was found guilty of second-degree murder.
