The appellant appealed his conviction for second degree murder, arguing that the trial judge erred by not leaving manslaughter as an available verdict for the jury.
The Court of Appeal had allowed the appeal and ordered a new trial.
The Supreme Court of Canada allowed the Crown's cross-appeal and dismissed the accused's appeal, restoring the trial conviction.
The majority held that based on the totality of the evidence, the trial judge did not err in refusing to leave manslaughter with the jury.
