The accused, a young person, was involved in a gun battle on a crowded street during which an innocent bystander was killed by a bullet fired by a rival shooter.
The preliminary inquiry judge committed the accused for trial on second degree murder.
The motion judge quashed the committal for murder but remitted the matter for manslaughter.
Both the Crown and the accused appealed.
The Court of Appeal held that there was sufficient evidence for a jury to find that the accused's participation in a mutual shootout caused the victim's death.
The Court also held that the accused could be committed for second degree murder under s. 229(c) of the Criminal Code, as he engaged in a dangerous act for an unlawful object that he knew was likely to cause death.
The Crown's appeal was allowed and the committal for second degree murder was restored.
