The accused and a co-perpetrator participated in a violent beating that left the victim dead.
The accused stomped on the victim's head.
At trial, the Crown's medical expert initially testified the accused caused the death, but later agreed with the defence expert that the co-perpetrator caused the fatal injuries.
The Crown maintained its theory but also argued co-perpetrator liability.
The accused was convicted of second degree murder.
The Court of Appeal substituted a manslaughter conviction, finding the murder verdict unreasonable.
The Supreme Court of Canada allowed the Crown's appeal, reaffirming the Yebes test that the reasonableness of a verdict is a question of law.
The Court held that a properly instructed jury could reasonably have found the accused had the requisite intent for murder as a party to the offence, and restored the second degree murder conviction.
