The applicants sought certiorari to quash a preliminary inquiry committal for first degree murder arising from a fatal beating that left the victim incapacitated on railway tracks where he was subsequently struck by a train.
They argued the evidence supported, at most, manslaughter or second degree murder.
The court held that the preliminary inquiry judge correctly applied the test for committal and that there was some evidence capable of supporting each essential element of first degree murder.
Evidence existed from which a jury could infer intent to cause bodily harm likely to cause death and recklessness, as well as planning and deliberation in leaving the victim incapacitated on the tracks.
The evidence could also support constructive first degree murder based on unlawful confinement.
