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A man who claims he killed in self-defence is getting a new trial in Saskatoon.
A judge granted Michael Robertson’s appeal of his 2016 manslaughter conviction and ordered a new trial on Friday, saying the trial judge erred in their instructions to the jury at the end of Robertson’s trial.
At his trial, Robertson claimed he had gone to a home on Avenue I South in March 2015 to confront Rocky Genereux over a faulty pay-as-you-go cell phone sold to him.
During this confrontation, Robertson claims Genereux brandished a hypodermic needle and warned Robertson he was HIV-infected. At this point, Robertson said he pulled a knife in self-defence and pushed it forward when Genereux lunged forward.
Crown prosecutors argued the defence wasn’t believable.
In the appeal decision, Justice Jeff Kalmakoff writes that the trial judge erred when explaining how the jury’s belief of Robertson’s story would impact their verdict.
He writes the judge wasn’t clear on whether self defence would warrant a full acquittal, or if it would downgrade the offence from second degree to manslaughter.
“Self defence is not a partial defence to charges such as murder or manslaughter, it is a complete defence,” Justice Kalmakoff said in the decision.
Despite his conviction being cancelled, Robertson will remain behind bars pending his new trial.