The appellant was convicted of second degree murder and sentenced to life imprisonment with 16 years of parole ineligibility.
He appealed his conviction, arguing the trial judge erred in instructing the jury on the intent for murder by including 'recklessness' as an alternative, and erred in his Vetrovec warnings.
He also appealed his sentence, arguing the trial judge failed to properly consider his Aboriginal background.
The Court of Appeal dismissed the conviction appeal, applying the curative proviso because the evidence of guilt was overwhelming and there was no realistic possibility the jury convicted based on recklessness.
The sentence appeal was also dismissed, as the trial judge properly considered the Gladue factors in setting the parole ineligibility period.
