The accused was charged with second degree murder in the death of a 17-month-old child who died from acute craniocerebral trauma on September 12, 1994.
The Crown alleged the accused inflicted fatal blunt force injuries to the child's head and torso while alone with her in the bedroom.
The defence conceded sufficient evidence existed for manslaughter but argued the Crown had not established the requisite mens rea for second degree murder, specifically that the accused intended to cause bodily harm he knew was likely to cause death.
The court found that based on the nature and extent of the injuries, a reasonable jury could infer the accused intended the natural consequences of his violent actions and committed the accused to stand trial on the charge of second degree murder.
