Law360 Canada ( December 14, 2017, 8:57 AM EST) -- Appeal by the Crown from a directed verdict acquitting the accused, Kelly, of manslaughter. Two armed men attempted to rob an underground poker tournament. A struggle ensued and shots were fired. The robbers fled on foot. One individual involved in the struggle died from a gunshot wound. An eyewitness saw two men run from the scene and leave in a Honda Civic. One man carried a gun. The Crown alleged that the accused was the getaway driver of the Honda. Approximately 25 minutes after the shooting, one of the perpetrators sought medical treatment for a gunshot wound. Forensic examination of a Honda rented by the accused linked the wounded perpetrator's blood to the vehicle. A cell phone linked to the accused was also linked to the robbery scene on the day before the shooting and the day of the shooting, an inside man involved in the robbery, and the hospital that provided medical treatment to a perpetrator. The accused was tried by a judge sitting with a jury. At the close of the Crown's case, the defence applied for a directed verdict. They submitted that the eyewitness evidence precluded any finding that the accused was the driver of the getaway vehicle, and that there was no other theory of liability involving the accused advanced at trial. The trial judge instructed the jury to enter an acquittal. The Crown appealed....