The Crown appealed the acquittal of the respondent on a charge of second-degree murder.
The deceased was found with an electrical cord around her neck, initially thought to be suicide.
The Crown alleged the respondent strangled her and staged the suicide.
The trial judge excluded evidence of the respondent's former girlfriend regarding a prior incident where he tied her up with a phone cord.
The trial judge also allowed cross-examination of the deceased's sister about suicide letters and failed to instruct the jury on s. 229(a)(ii) of the Criminal Code.
The Court of Appeal dismissed the appeal, finding no error in excluding the former girlfriend's evidence, no reversible error in the cross-examination, and that while the trial judge should have instructed on s. 229(a)(ii), the non-direction did not amount to reversible error.
