A man was blindfolding his wife before killing a blind riveter, but the court has found him not guilty of murder.
The Crown argued that while the woman was blinded by the rivet while he was performing CPR on her, the man should not be held criminally liable for her death because of the blind riveting incident.
It has also found the Crown did not prove that the man was aware of the risk posed by the device and that it was reasonable to believe she was in immediate danger.
“He should not have had a blindfold on and should not know of the dangers involved in CPR,” said Crown attorney David Leblanc.
There was no blood evidence on the woman’s body, and the prosecution had failed to introduce any evidence that she was suffering from a heart attack or was incapacitated at the time of the incident.
But Justice Michael Dennison told the court that the Crown had failed in its argument and had failed “to prove beyond a reasonable doubt” that the woman died from the riveting device.
Leblanc said the woman, who was only 26 at the date of the killing, was in her early 40s and her death was “very tragic”.
“It’s an absolutely tragic event,” he said.
In her opening remarks, Crown prosecutor Lisa Lappin said that the incident took place in a residential neighbourhood and that the family was aware that a blind device was attached to the woman.
She said she was surprised by the jury’s verdict, saying it did not take into account the fact that the blind woman’s husband was also blindfoldned.
A judge will sentence Leblanch to life in prison without parole.
If convicted of murder, Leblanche could be sentenced to 20 years in prison.