Case information

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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.

Criminal law – Second degree murder – Evidence – Admissibility – Post-offence conduct - Vetrovec warning – Whether the Court of Appeal erred by concluding that the conduct of the defence did not constitute an effective, binding admission of guilt with respect to the lesser and included offence of manslaughter and that therefore the evidence of the accused’s post-event conduct was properly admissible to determine his level of culpability – Whether the Court of Appeal erred in holding that the evidence of a mixed Vetrovec witness whose evidence was capable of raising a reasonable doubt about the accused’s guilt, was properly subject to an instruction to the jury that independent corroboration should be sought before relying on the evidence

A group of students from Hamilton attended a party in Burlington and were ejected from the party by the victim, Daly. The Hamilton group returned home, increased their numbers, obtained weapons and drove back to Burlington. Daly encountered the group as he walked home. A man ran up behind Daly and dragged him to a grassy area where four other attackers joined in, beating Daly with bats and sticks. After a minute, four attackers ran away while the fifth remained to deliver more blows. The attackers fled, leaving Daly unconscious. He was pronounced dead at hospital. Five individuals were charged in relation to the incident. One of the five, Hodzic, pleaded guilty to manslaughter at a separate trial. Another attacker, Papadopoulos, was also found guilty of manslaughter. Nop, Chak and Mujku all had their manslaughter pleas rejected. Evidence was admitted that Chak set fire to a bat used in the attack after the incident and that Nop, Chak and Papdopoulos lied to police and encouraged others to do the same.

Nop, Chak and Mujku were convicted of second degree murder. Their appeals to the Court of Appeal were dismissed. Only Nop seeks leave to appeal to the Supreme Court of Canada.