The accused was charged with first-degree murder following a home invasion where an 82-year-old woman was beaten to death.
At the close of the Crown's case, the defence moved for a directed verdict of acquittal on first-degree murder, arguing the jury should only be left with second-degree murder or manslaughter.
The Crown argued first-degree murder could be established through planning and deliberation or constructive murder based on forcible confinement.
The court granted the directed verdict application, finding no evidence to support planning and deliberation, nor evidence of a discrete act of forcible confinement separate from the killing itself.
The jury was directed to return a verdict of acquittal on first-degree murder and subsequently convicted the accused of second-degree murder.
