Appeal from conviction on first degree murder charge. Trial judge found that first degree murder was established under s. 231(5)(e) CC: “while committing … forcible confinement”. Accused confessed to choking the deceased, tying her legs together, and trying to put a bag over her head.
Held: Appeal dismissed.
As per Pritchard  3 SCR 195, s. 231(5) is triggered “when the alleged unlawful confinement creates ‘a continuing legal domination of the victim’ that confers upon the accused a position of power which he or she chooses to exploit to murder the victim … the authorities establish that if for any significant period of time [the deceased] was coercively restrained or directed contrary to her wishes, so that she could not move about according to her own inclination and desire, there was unlawful confinement”. Confinement established on the facts.
K. Ross – Defence Counsel