The applicant sought certiorari to quash his committal to stand trial on charges including second degree murder, arising from a stabbing during a drug deal turned robbery.
The preliminary inquiry justice had committed the applicant for murder based on the combined operation of s. 229(c) and s. 21(2) of the Criminal Code.
The reviewing court found this was a jurisdictional error, as there was no evidence the applicant had subjective foresight that an intentional murder was likely to be committed.
The committal for second degree murder was quashed and replaced with manslaughter, while committals on remaining drug and weapons charges were upheld.
