The accused was charged with robbery and second-degree murder after forcefully kicking the victim during a robbery, causing the victim to fall and strike his head on the pavement, resulting in fatal brain injuries.
The trial proceeded by judge alone on an agreed statement of facts.
The sole issue was whether the accused had the requisite specific intent for second-degree murder under s. 229(a)(ii) of the Criminal Code.
The court found that while the accused had the subjective intent to cause bodily harm, the evidence did not establish beyond a reasonable doubt that he had subjective knowledge that the harm was likely to result in death.
The accused was found not guilty of second-degree murder, but guilty of manslaughter and robbery.
