The appellants were convicted of first degree murder after a victim was beaten to death with a baseball bat over a bounced cheque.
The Supreme Court of Canada held that a first degree murder conviction can be sustained by combining the mens rea of intending to cause bodily harm likely to cause death (s. 212(a)(ii)) with the requirement of planning and deliberation (s. 214(2)).
However, the Court ordered a new trial because the Crown improperly cross-examined a defence alibi witness using intercepted private communications without first proving the interceptions were lawful under s. 178.16 of the Criminal Code.
