Then J.

The appellant appealed from an order committing him for trial on first degree murder.

The preliminary inquiry judge committed him on the basis of liability for murder through s. 21(2) and first degree murder through s. 231(5) of the Criminal Code.

The appellant argued these sections could not be combined to found liability for first degree murder.

The Court of Appeal dismissed the appeal, finding that even if combining the sections was an error of law, there was an evidentiary basis to commit for first degree murder through the combined effect of aiding and abetting and s. 231(5).

The court found evidence that the appellant aided and abetted in two murders committed by his co-accused during a robbery and forcible confinement, and that his actions passed the causation threshold in R. v. Harbottle.

The self-represented appellant appealed the judgment of the Superior Court of Justice.

The Court of Appeal agreed with the trial judge's reasons regarding both the motions and the final disposition.

The appeal was dismissed.