The Crown sought committal on first-degree murder under section 231(5)(e) of the Criminal Code based on constructive murder arising from unlawful confinement.
The accused was charged with second-degree murder in the stabbing death of the victim.
The Crown argued that the victim was unlawfully confined in his bedroom following the stabbing in the living room, and that the confinement and murder formed part of the same transaction.
The defence argued that the confinement occurred after the victim was stabbed and that the victim managed to escape the apartment.
The court found insufficient evidence that the accused exploited a position of dominance over the victim through confinement to justify committal on first-degree murder.
The accused was committed to stand trial on second-degree murder only.
