In R v. McGregor, 2019 ONCA 307, 145 O.R. (3d) 641, at para. 60, this court summarized the five essential elements for first degree murder under s. 231(5) as follows: (i) the accused committed or attempted to commit a listed underlying crime; (ii) the accused murdered the victim; (iii) the accused participated in the murder in such a manner that he was a substantial cause of the victim’s death; (iv) no intervening act by somebody else resulted in the accused no longer being substantially connected to the victim’s death; and (v) the underlying crime and the murder were part of the same transaction.
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