F. Kirk MacDonald

The accused sent 'teaser' e-mails marketing the sale of 'Top Secret' files, including software to generate valid credit card numbers, bomb recipes, and break-in instructions.

He was charged with counselling four indictable offences that were not committed.

The trial judge acquitted him, finding he lacked the requisite mens rea, and the Court of Appeal upheld the acquittal.

The Supreme Court of Canada allowed the Crown's appeal on the count of counselling fraud, finding the trial judge erred in law by confounding motive and intent, and ordered a new trial on that count.

The Crown appealed as of right from a decision of the Alberta Court of Appeal which had overturned the respondents' manslaughter convictions.

The Supreme Court of Canada allowed the appeals, agreeing with the dissenting appellate judge that it was open to the trial judge to conclude that the severe assaults by the respondents caused the victim's death.

The convictions and sentences entered by the trial judge were restored.