The Crown appealed an order quashing a committal for second degree murder and substituting a committal for manslaughter in the death of a 34-month-old child.
The reviewing judge had found insufficient evidence of the subjective intent required for murder.
The Court of Appeal allowed the appeal, holding that the reviewing judge erred by looking at the medical evidence in isolation and failing to consider the cumulative effect of the evidence, which could support an inference of the requisite intent.
The committal for second degree murder was restored.
