The accused was convicted of manslaughter at trial.
The Court of Appeal set aside the conviction and ordered a new trial, finding the trial judge misapprehended evidence regarding a planned robbery and relied on this to infer the accused's presence at the crime scene.
The Court of Appeal partially based its decision on R. v. Beaudry.
The Supreme Court of Canada allowed the Crown's appeal and restored the conviction.
The majority held that Beaudry does not apply to mistakes as to the substance of evidence, which are governed by R. v. Lohrer.
Furthermore, the majority found the trial judge did not misapprehend the evidence, as she did not rely on the existence of a planned robbery to infer the accused's presence at the scene.
