The accused, Laureano Bistoyong, was charged with second-degree murder in the stabbing death of his cousin, Mark Bistoyong.
The accused pleaded guilty to manslaughter, but the Crown did not accept the plea, arguing for murder intent.
The court found that the Crown proved the requisite mens rea for murder, specifically that the accused intended to cause serious bodily harm that he knew was likely to cause death and was reckless whether the victim died or not.
The court rejected the defence of provocation, finding no air of reality to it due to a significant time lapse between the alleged provocation and the stabbing.
Laureano Bistoyong was found guilty of second-degree murder.
