Law360 Canada (April 5, 2023, 2:27 PM EDT) -- Appeal by Kattuk from his conviction by a jury of second degree murder of Kittosuk, his girlfriend, and the sentence of life imprisonment with a parole ineligibility period of 12 years imposed. He argued that the trial judge erred in instructing the jury on both the second and third elements of the offence of murder and also failed to properly apply the Gladue factors. Kattuk asked the appellate court to reduce his parole ineligibility period from 12 years to 11 years. The sole issue left to the jury was whether the Crown had proved beyond a reasonable doubt Kattuk had the requisite intent for murder. Kattuk testified that he was angry with Kittosuk and he brought the gun outside because he was “trying to scare, not shoot” her. He said that while he was confronting Kittosuk, he heard some men yelling nearby so he looked over his shoulder and leaned back which resulted in a muscle contraction that caused his finger to pull the trigger. He testified that he did not pull the trigger on purpose and that he did not want to hurt Kittosuk. In the pre-charge conference, defence counsel explained that the defence was one of lack of specific intent to kill. Defence counsel stated that Kattuk was admitting to the unlawful act of manslaughter, with the underlying unlawful act or predicate offence having been either the act of pointing a firearm or the act of carelessly using a firearm....