Client charged with second degree murder in relation to alleged participation in the beating death of a stranger that the three accused encountered on the street. He was also charged with an unrelated home invasion robbery of a residence nearby the scene of the beating. Issues were participation and intent with respect to the beating and identity with respect to the robbery, as only two of the three accused entered the nearby home. Client did not testify.
Held: Client found not guilty of murder but guilty of the lesser offence of manslaughter in respect to the beating. Evidence showed that all three accused participated to some degree. Intent for murder was no established based on clear evidence of a high level of intoxication. Client found not guilty of the home invasion robbery as crown evidence sould not establish identity. Based on contents of Gladue Report and exemplary behavior while in custody, client received a sentence of 6.5 years.