The appellant was charged with second-degree murder and convicted by a jury of the included offence of manslaughter.
The appellant appealed the conviction, but the Crown did not appeal the acquittal for murder.
The Court of Appeal allowed the appeal and ordered a new trial on the original charge of second-degree murder.
The Supreme Court of Canada held that the Court of Appeal exceeded its jurisdiction by ordering a new trial on the murder charge without a Crown appeal.
The appeal was allowed and a new trial was ordered on the charge of manslaughter.
