The accused was tried without a jury on a charge of first degree murder arising from a fatal stabbing outside a men's shelter after an earlier brief physical altercation with the deceased.
The court relied on surveillance evidence, eyewitness evidence, expert DNA and pathology evidence, and extensive admissions by the accused that he returned armed with a knife, waited for the deceased to emerge, and attacked from behind to exact revenge.
The court rejected the accused's evidence that he intended only to hurt, not kill, and found that any mental health issues did not prevent formation of the requisite intent.
Applying the requirements of ss. 229 and 231(2) of the Criminal Code, the court held the killing was murder and was both planned and deliberate.
A conviction for first degree murder was entered.
