The appellant was convicted of first-degree murder following a trial where the cause of death and similar fact evidence were central issues.
The Crown alleged the appellant killed his partner during a contraband liquor deal, while the defence argued the death was accidental due to commotio cordis.
The Court of Appeal found the trial judge misdirected the jury by misstating expert evidence regarding carbon monoxide and confusing medical diagnosis with legal causation.
The trial judge also erred in admitting the entirety of a fictitious 'Mr. Big' murder plot as similar fact evidence, as it lacked sufficient distinctiveness and was highly prejudicial.
The appeal was allowed and a new trial ordered.
