The appellant was convicted of second degree murder and attempted murder following a stabbing incident at a restaurant party.
He appealed on four grounds: (1) errors in jury instructions regarding the mental element in murder under s. 229(a) of the Criminal Code and the application of s. 21(2); (2) failure to give a "rolled up" instruction regarding intoxication and provocation; (3) failure to admit exculpatory portions of a co-accused's police statement; and (4) misapprehension of witness evidence.
The Court of Appeal dismissed all grounds of appeal, finding that the trial judge's instructions, taken as a whole, properly equipped the jury to render a true verdict, and that any errors were harmless.
