Manslaughter trial. Accused alleged to be a party to the offence. Accused participated in a break and enter with intent to commit theft. Co-accused killed the occupant of the home.
Held: Acquitted.
Aiding or abetting not proven beyond a reasonable doubt. Crown did not prove that a reasonable person in the accused’s circumstances would have known that bodily harm was the foreseeable consequences of the co-accused’s acts. The accused was intoxicated, and this state of intoxication may have interfered with the accused’s ability to foresee the natural and probable consequences of her actions. Further, a common intention under s 21 not proven. There was no evidence that the accused suspected that her co-accused would become violent.
R. Wachowich – Defence Counsel