At a preliminary inquiry, the Crown sought to establish sufficient evidence to commit two accused to stand trial for second degree murder in the death of Trey Theriault, who sustained eight stab wounds during an altercation.
The accused admitted presence and participation in a physical fight but argued insufficient evidence of intent to kill.
The court applied the Sheppard/Arcuri test for committal, examining whether a reasonable jury could infer guilt from the evidence.
The court found sufficient evidence on all essential elements of second degree murder: causation (stab wounds to vital organs), unlawful act (armed assault without justification), and intent (inferred from the nature and number of wounds).
Both accused were committed to stand trial.
