Jury instruction on manslaughter as included offence held inadequate; new trial ordered.
The accused was convicted of second degree murder at trial.
The Court of Appeal for Newfoundland and Labrador quashed the conviction and ordered a new trial, holding that the trial judge failed to properly instruct the jury on manslaughter as an included offence, specifically by not explaining the distinction between murder and manslaughter with sufficient clarity regarding the element of intent.
The Crown appealed to the Supreme Court of Canada.
A majority of the Supreme Court dismissed the appeal, agreeing with the majority of the Court of Appeal that the jury instruction on manslaughter was inadequate.
The order for a new trial was upheld.
