Reasons for Judgment — The Court
The Court — We agree with Costigan J.A., dissenting, that the evidence was incapable of supporting the defence of abandonment. No other defence arises on the facts.
The appeal is therefore allowed and the conviction for manslaughter is set aside. As the facts found by the trial judge clearly establish that the murder was planned and deliberate, and involved the unlawful confinement of the victim at the time of the killing, a conviction for first degree murder is entered.