The applicants sought certiorari to quash their committal to stand trial for first degree murder under s. 231(5)(e) of the Criminal Code.
They argued there was no evidence that the victim was killed while being forcibly confined or regarding the role each applicant played in the killing.
They also argued they were denied natural justice because the preliminary inquiry judge relied on post-offence conduct and specific medical evidence without giving them an opportunity to make submissions.
The Superior Court of Justice dismissed the applications, finding that the applicants were permitted to address the evidence and were not denied natural justice.
The court further held that even if there was a breach, the applicants suffered no prejudice because a committal was inevitable based on the pre-offence and post-offence circumstantial evidence, which was sufficient to permit a jury to infer a common intention and that each applicant played a substantial and integral role in the killing.
