The appellant was convicted of first degree murder after killing a victim during a marijuana robbery.
The Crown argued the murder was elevated to first degree under s. 231(5) of the Criminal Code because it occurred during an unlawful confinement.
The appellant appealed, arguing that confinement incidental to a robbery should not trigger s. 231(5) since robbery is not an enumerated predicate offence.
The Supreme Court of Canada dismissed the appeal, holding that as long as the unlawful confinement is distinct from the act of killing and forms a single transaction with the murder, the fact that it was committed for the purpose of a robbery does not bar the application of s. 231(5).
