Successful on behalf of the accused, charged on a multi-count indictment which alleged second degree murder and two counts of attempted murder. The accused pled guilty to manslaughter on the first day of trial. The Crown did not accept that plea.
The accused, who had been subjected to racial slurs and threats on his life in the 24-hours preceding the commission of the offence, raised the defence of provocation. I
n these unique circumstances, the defence was put to the jury.Following a 4-week trial, the jury delivered verdicts of not-guilty on both counts of attempted murder and were hung on the count of murder. A mistrial was declared.
The Crown subsequently accepted a plea to manslaughter.
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