The appellant appealed his convictions for manslaughter and aggravated assault arising from a gunfight on Yonge Street that resulted in the death of Jane Creba by a stray bullet.
The appellant argued the trial judge erred by admitting expert evidence on how armed persons conceal firearms, by inadequately instructing the jury on the mutual gunfight theory of causation, and by refusing to leave self-defence to the jury.
The Court of Appeal dismissed the appeal, finding no error in the trial judge's evidentiary rulings, jury instructions, or conclusion that self-defence lacked an air of reality.