Alberta’s top court has ordered a new trial for a man sentenced to life in the beating death of his common-law partner.
Appeal Court judges have overturned Ryan Applegarth’s 2023 conviction of second-degree murder in the death of 26-year-old Chantelle Firingstoney.
They say the trial judge made no finding that Applegarth intended to kill the woman.
Firingstoney died in November 2020 at her home in Ponoka, Alta., about 95 kilometres south of Edmonton, after meeting a friend for drinks.
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Court heard an autopsy found blunt-force trauma to her head, face, neck and torso, as well as a dozen broken ribs and a lacerated liver.
The Appeal Court says the Crown lacked the evidence at trial to show Applegarth intended to kill, and that a jury could have realistically reached a verdict of manslaughter.
“The Crown argues that despite the error, the case against the appellant is overwhelming. We do not agree that the Crown has met its very high burden of establishing this,” reads the Friday decision.
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