The appellant appealed his conviction for first-degree murder, which occurred during a car theft.
The Crown's case relied heavily on a confession the appellant made to three associates, one of whom recanted his preliminary inquiry testimony at trial.
The appellant argued the trial judge erred in admitting the recanted testimony under the principled exception to the hearsay rule, in instructing the jury on collusion, in refusing to grant a mistrial when another witness refused to testify, and that the first-degree murder conviction based on unlawful confinement was unreasonable.
The Court of Appeal dismissed the appeal, finding no errors in the trial judge's evidentiary rulings or jury instructions, and concluding that it was open to the jury to find the murder was committed during a distinct act of unlawful confinement.
