The appellant was convicted of first degree murder at trial.
The Court of Appeal set aside the conviction due to a fatally flawed jury charge and substituted a conviction for second degree murder.
The Supreme Court of Canada agreed that the jury charge was flawed, specifically regarding the strict causation requirement under s. 231(5) of the Criminal Code.
However, the Court held that the Court of Appeal erred in substituting a verdict, as another verdict might be reasonable.
A new trial on the original indictment for first degree murder was ordered.
