The appellant shot and killed a police officer during a struggle following a domestic dispute.
At trial, he admitted to the shooting but claimed it was accidental and lacked the intent for murder.
The trial judge instructed the jury on the Crown's theory, mentioning the appellant's failure to check on the officer before threatening suicide.
The appellant was convicted of first degree murder.
On appeal, the appellant argued the trial judge erred by suggesting the jury could infer intent from post-offence conduct.
The Supreme Court of Canada dismissed the appeal, holding that the jury charge, read as a whole, did not contain an error of law.
The Court further held that even if an error existed, the curative proviso would apply as no substantial wrong or miscarriage of justice occurred.
