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Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.

The following facts were set out by Abella J.A. in her judgment in the Court of Appeal. On the evening of July 29, 1996, the Appellant went to the apartment of some friends where he drank and had an argument over the phone with his girlfriend. He and one of his friends had made plans to steal a compressor that night, but his friend refused to go through with the plan, leading to an argument. The Appellant then suggested to another of his friends that they purchase some marijuana. When the friend declined, he became angry and left. At 2:50 a.m., he broke into a ground floor apartment in Mississauga. The occupant confronted him, and punched him in the nose, causing it to bleed. The Appellant, who had been carrying a bottle of gasoline, threw it at the feet of the occupant, where it shattered. The Appellant then broke into an apartment at a senior citizens' residence around the corner. He ransacked the apartment, taking a number of items, while the 82-year-old male occupant remained asleep.

At approximately 3:20 a.m., in the same senior citizens' residence, he broke into the apartment of a 76-year-old widow. The Appellant sexually assaulted the victim, violently raping her and possibly sodomizing her. Throughout the prolonged assault, she attempted to stop him, but was afraid to cry out. He had told her he had a razor, that she should remain quiet, and he threatened to suffocate her. She was convinced he was going to kill her. Before finally leaving the apartment at 6:15 a.m., the Appellant stole her glasses and the contents of her wallet. As a result of the assault, the victim sustained severe lacerations to her vagina. She bled so profusely that she required a blood transfusion.

Over the month that the victim was in hospital, her condition deteriorated dramatically. She developed pneumonia and a number of other complications leading to multi-organ dysfunction. Her psychological condition deteriorated dramatically as well. The trial judge found that the decline of her mental state contributed significantly to her physical deterioration. On August 29, 1996, the victim died.

The Appellant was charged with two counts of break, enter and theft, and one count of manslaughter. He was convicted after a five-week trial. The Crown sought a life sentence and 10 years of parole ineligibility. The defence sought a sentence from 9 to 11 years. The Appellant was sentenced to life imprisonment and 8 years of parole ineligibility but, on appeal, both parties conceded that the minimum ineligibility period under s. 743.6 of the Criminal Code, R.S.C. 1985, c. C-46, was ten years. The Court of Appeal varied the parole ineligibility period to 10 years and otherwise dismissed the appeal.