The defendant, Kevin Deonath, was charged with second-degree murder following the shooting death of Roy Khan.
The court examined whether the Crown proved the requisite intent for murder and disproved self-defence beyond a reasonable doubt.
The evidence indicated a struggle ensued after Khan pointed a loaded handgun at Deonath.
The court found that while an inference of intentional firing was available, another reasonable inference was that the gun discharged unintentionally during the struggle as Deonath defended himself.
Consequently, the Crown failed to prove intent for murder and failed to disprove lawful self-defence.
Deonath was acquitted.
