New trial ordered in Lytton stabbing case

Court of Appeal finds that trial judge erred

Kamloops Daily News
July 5, 2013 01:00 AM

B.C. Court of Appeal has ordered a new trial for a man convicted of murdering his friend by stabbing him 73 times.

Cory Bird was sentenced in 2011 to life in prison with no chance of parole for 12 years after he was convicted of murdering friend Albert Michell in August 2008.

The 20-year-old Bird told police he woke up to find the older man performing oral sex on him after the two drank and smoked pot together. He admitted stabbing his friend.

Lawyers launched an appeal this year.

In a decision Friday, the Court of Appeal found the trial judge erred in finding that Bird was an experienced drinker with a high level of tolerance for alcohol based on evidence from a toxicologist.

The defence argued Bird was not fully able to form intent to kill his friend based on how much he drank that night, an argument in favour of manslaughter.

Michell was found dead in a Lytton hotel room while Bird was arrested in Montreal in a takedown by police.

A new trial will be held in B.C. Supreme Court.

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