Dr. Nicholas Escott

The decision concerns a defence motion for a directed verdict of acquittal on a charge of second degree murder.

The accused, Daniel Keefe, argued that the evidence could not support a finding of second degree murder and that only manslaughter should be left to the jury.

The court reviewed the evidence, including witness testimony, the 911 call, and expert pathology evidence, and applied the legal test for a directed verdict.

The court concluded that there was sufficient evidence on which a properly instructed jury could convict of second degree murder, and dismissed the motion.

The accused was charged with second-degree murder following a fatal stabbing that occurred during a drug transaction.

The accused claimed he acted in self-defence after the victim suddenly attacked him with body spray and grabbed a knife.

The court applied the W.(D.) framework to assess the accused's credibility and the three-part test for self-defence under section 34 of the Criminal Code.

The court found that the Crown failed to prove beyond a reasonable doubt that the accused did not act in lawful self-defence, concluding that the accused's response was reasonable in the rapidly evolving and unpredictable circumstances.

The accused was acquitted.