Law360 Canada ( November 1, 2024, 2:11 PM EDT) -- Appeal by Daniels against his murder conviction on the ground that trial judge failed to consider a defence of intoxication supported by evidence and failed to provide reasons for a finding that he intended to kill Fernuk. Evidence showed the appellant met Fernuk at a gas station, and Fernuk was later found dead, tied to a chair in his apartment with ligatures around his neck. The chair had been tipped backwards and Fernuk's head was on the floor. The apartment appeared to have been tossed as though it had been searched, though there were no signs of forced entry. The appellant's DNA was on a fire poker in Fernuk's home. A forensic pathologist examined Fernuk’s body and determined the cause of death to be ligature strangulation. The appellant testified that he befriended Fernuk to rob him of his stuff. Fernuk handed over his phone and credit cards when he threatened to hit him. The appellant stated he then walked away. He denied that he ever went to Fernuk’s home. He argued that he did not commit the offence and Fernuk had been killed by someone else. On appeal, the appellant contended that even though the defence of advanced intoxication was not raised at trial, the trial judge should have dealt with it given his evidence that he had consumed drugs and alcohol in the hours leading up to his meeting Fernuk at the gas station. He also argued that the trial judge was required to consider the defence of intoxication because his evidence gave an air of reality to the defence....