Two appellants were convicted following a jury trial for their roles in an armed robbery of a drug dealer's residence in Barrhaven.
During the robbery, one of the perpetrators shot and killed the resident.
The first appellant was convicted of first degree murder; the second appellant was convicted of second degree murder.
On appeal, the first appellant's conviction was upheld.
However, the second appellant's conviction was set aside and a new trial ordered due to errors in the trial judge's jury instructions regarding the mens rea requirement for party liability to murder under section 21(2) of the Criminal Code.
