The appellant appealed his conviction for first-degree murder, arising from a home invasion robbery, on two grounds: alleged errors in jury instructions regarding the mens rea for murder as a party to the killing and the requirements for a party to be found guilty of first-degree murder.
The Court of Appeal dismissed the appeal, finding that the trial judge's instructions on party liability for murder and first-degree murder were proper, adequately related to the evidence, and did not require hypothetical scenarios not supported by evidence, distinguishing the case from R. v. Ferrari.
