The appellant was convicted of second degree murder.
The Court of Appeal allowed his appeal due to errors in the trial judge's instructions on intent and intoxication, but ordered a new trial limited to the issue of whether the appellant was guilty of second degree murder or manslaughter.
The Supreme Court of Canada allowed the appeal, holding that the Court of Appeal lacked jurisdiction under s. 686(8) of the Criminal Code to restrict the scope of a new trial before a jury, and ordered a full new trial.
