The appellant Fraser and two co-accused were tried for second-degree murder following a street fight.
Fraser admitted to stabbing the victim but raised defences of intoxication.
The co-accused were acquitted, while Fraser was convicted.
Fraser appealed his conviction, arguing the trial judge erred in instructing the jury on reasonable doubt, after-the-fact conduct, and intent.
The Crown appealed the acquittals of the co-accused, arguing the trial judge erred in instructing the jury that they could not be convicted of manslaughter if Fraser was convicted of murder.
The Court of Appeal allowed Fraser's appeal and ordered a new trial, finding the trial judge misdirected the jury on how to use evidence of Fraser's flight from the scene.
The Crown's appeal was dismissed because, although the trial judge erred in law regarding party liability for manslaughter, the Crown failed to show the error may well have affected the verdicts for the co-accused.
