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Murder retail ordered over errant jury charge

Thursday, March 30, 2017 @ 8:00 PM | By Michael Benedict

A confessed killer faces a retrial after the B.C. Court of Appeal earlier this month voided his first-degree murder conviction because the trial judge erred in his jury instructions. Mathew Foerster acknowledged that his actions led to the death of 18-year-old Taylor Van Diest on Halloween night in 2011, but said he was guilty only of manslaughter or second-degree murder.

In R. v. Foerster 2017 BCCA 105, the appeal court overturned the conviction because B.C. Supreme Court Justice Peter Rogers failed to tell the jury that...