The Crown appealed from an order directing a new trial after a second degree murder conviction arising from a co-accused homicide and robbery scenario.
The Court held that a secondary party may be convicted of manslaughter under both s. 21(1) and s. 21(2) of the Criminal Code even where the principal is guilty of murder, provided the accused lacked the mens rea for murder but met the objective fault standard for manslaughter.
The Court further held that the jury charge was inadequate because it failed to clearly explain that the respondent could be guilty of manslaughter although the principal was guilty of murder.
The curative proviso in s. 686(1)(b)(iii) did not apply.
The appeal was dismissed and the order for a new trial was confirmed.
