Steven Neville murder conviction overturned by top court, new trial ordered

Prosecutors will assess, but will likely continue on with case

Image | hi-neville-steven-20130129

Caption: Paradise man Steven Neville has had his second-degree murder conviction overturned by the Supreme Court of Canada.

Steven Neville, the Newfoundland man who was sent to prison for stabbing two men, has had his conviction overturned by the Supreme Court of Canada.
Neville's appeal to have his second-degree murder conviction overturned had been dismissed by the Newfoundland and Labrador Court of Appeal in April.
However, Neville took his case to the Supreme Court of Canada, where Neville was granted a new trial on Thursday.
A jury found Neville guilty in 2013 of fatally stabbing Doug Flynn, 19, and the attempted murder of another man, Ryan Dwyer in 2010.

New trial

Earlier this year, Neville's lawyer, Derek Hogan, argued that Justice Carl Thompson erred in instructing the jury.
Neville, who was sentenced to life in prison without chance of parole for 12 years, contended that Thompson's instructions to the jury — to consider evidence related to the intent necessary for a murder conviction in comparison to manslaughter — was insufficient.
Secondly, Neville said that Thompson didn't properly answer one of three questions the jury asked while deliberating.
On April 10, two of three Newfoundland and Labrador justices dismissed the appeal.
On Thursday, five Supreme Court of Canada justices said Thompson's instructions to the jury on what provocation is was confusing.
Crown prosecutor Lloyd Strickland told CBC News, following the ruling, that they'll assess their options, but it's likely the prosecution will continue on with the case.