New trial ordered for Quebec man accused in 2016 stabbing death of store clerk

The Court of Appeal of Quebec is seen in Montreal, Wednesday, March 27, 2019. Quebec's highest court has ordered a new trial for Randy Tshilumba, convicted in the fatal stabbing of a supermarket clerk in April 2016. orz. Ryan Remiorz/The Canadian Press

Quebec’s highest court has ordered a new trial for a Quebec man convicted in 2017 of stabbing to death a supermarket clerk.

The Court of Appeal ruled Monday that the trial judge’s final instructions to jurors were confusing and complicated.

The appeal court overturned Randy Tshilumba’s conviction and ordered a new trial.

Tshilumba was found guilty of first-degree murder in the 2016 killing of Clémence Beaulieu-Patry, 20, and sentenced to life in prison.

Read more: Murder trial underway in Montreal for man charged in death of Maxi employee

He had pleaded not guilty and testified he acted in self-defence because he believed Beaulieu-Patry wanted to kill him and other people in the store. His lawyer had argued that Tshilumba was suffering from a mental disorder.

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Read more: Man convicted of murder in stabbing death of Maxi employee in 2016

The Court of Appeal says the trial judge erred by telling jurors that the defendant’s behaviour after the killing was not relevant in determining guilt.

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