The appellant was convicted of second degree murder after an elderly woman was robbed, hog-tied, and left to die of asphyxiation.
The appellant appealed, arguing the trial judge misdirected the jury by applying the 'beyond de minimis' standard of causation from Smithers rather than the 'substantial cause' standard from Harbottle.
The Supreme Court of Canada dismissed the appeal, holding that the Smithers standard applies to all homicide offences, including second degree murder, while the Harbottle standard applies only to first degree murder under s. 231(5) to determine if the accused's participation warrants the increased stigma and penalty.
The Court suggested that trial judges may express the Smithers standard positively as a 'significant contributing cause'.
