The appellant and a companion broke into a house.
The companion sexually assaulted and suffocated the elderly occupant.
The appellant was present but did not participate in the assault or suffocation, and told his companion to stop choking the victim.
The companion was convicted of first degree murder, while the appellant was acquitted.
The Court of Appeal ordered a new trial for the appellant on manslaughter, applying the 'single transaction' principle.
The Supreme Court of Canada allowed the appeal and restored the acquittal, holding that the single transaction principle applies only to the classification of murder under s. 214(5) of the Criminal Code, not to manslaughter.
The Court also found that the trial judge had adequately instructed the jury on party liability and the possibility of a manslaughter verdict.
