Client charged with 2nd degree murder of friend. Alleged that client stabbed a friend with intention to cause death or serious bodily harm likely to cause death.
Held: Directed verdict of not guilty of murder at conclusion of Crown’s case. Case proceeded on basis of manslaughter and client acquitted of this charge after testifying.
Evidence established that both the client and deceased were intoxicated. Verbal argument escalated with evidence that deceased advanced on client while client had knife in hand. One stab wound causing death. Medical evidence consistent with small to moderate force applied in stabbing. Client testified that there was no intention to stab the deceased.
Counsel: Alex Seaman & Tania Shapka