Law360 Canada ( July 21, 2022, 4:31 PM EDT) -- Appeal by Sundman from a decision of the British Columbia Court of Appeal that set aside his conviction for second degree murder and substituted a conviction of first degree murder. The appellant and the victim were drug dealers with a mutual animosity. On the day of the victim’s murder, the appellant unlawfully confined him in a moving pickup truck and repeatedly assaulted him by hitting him with a handgun. The victim jumped from the truck but was chased on foot by the appellant, who shot at him at least three times, and two accomplices. As the victim lay wounded, he was shot and killed at close range by one of the accomplices. The trial judge was not satisfied the murder was planned and deliberate and concluded that since the victim had escaped from the truck, he was not murdered while the appellant committed the offence of unlawful confinement. He convicted the appellant of second degree murder. The Court of Appeal allowed the Crown’s appeal and substituted a conviction of first degree murder. It held the victim was still unlawfully confined when he jumped from the truck and was chased before being killed....