The accused, charged with first-degree murder, brought a motion for a non-suit on the classification of the murder.
The accused argued that the victim was already dead when the acts constituting the alleged sexual assault occurred, and therefore s. 231(5)(b) of the Criminal Code could not apply.
The court dismissed the motion, applying the 'single transaction' principle from R. v. Paré and R. v. Westergard, which holds that the exact sequence of the murder and the underlying offence is irrelevant as long as they form a continuous sequence of events.
The court found sufficient evidence to leave the charge of first-degree murder with the jury.
