The appellant appealed his conviction for first degree murder, arguing that the trial judge's charge to the jury was flawed.
The Supreme Court of Canada dismissed the appeal, finding that while the charge was open to criticism and the judge erred in treating s. 231(3) of the Criminal Code as an independent offence, the error was of no consequence.
The Court concluded that the jury was adequately instructed on the law, facts, and theories of both parties, ensuring a fair trial.
