This decision concerns the manslaughter charge against Ian Rooney for the unlawful death of Yu Kun Xie.
The Crown alleged that Rooney's disproportionate response to Ms. Xie's aggressive behavior, including a blow to her face, caused a fatal brain injury, and that his failure to seek timely medical help constituted criminal negligence.
The trial judge found Rooney's evidence unreliable but accepted that Ms. Xie assaulted him and that his response was in self-defence and reasonable under the circumstances.
The judge further found that although Rooney's cancellation of 911 calls was reckless and a marked departure from reasonable conduct, the Crown failed to prove causation between this conduct and Ms. Xie's death.
Consequently, the manslaughter charge was dismissed.
