The applicant sought certiorari to quash her committal to stand trial for first-degree murder following a preliminary inquiry.
The applicant had participated in a group assault by tripping and kicking the victim, but a co-accused ultimately stabbed the victim to death.
The reviewing judge found there was no evidence that the applicant had the objective knowledge and subjective purpose required for first-degree murder, nor did her actions constitute forcible confinement distinct from the assault.
The court quashed the committal for first-degree murder and ordered the applicant to stand trial for second-degree murder as a party to the offence.
