By John Chunn ( October 14, 2021, 3:27 PM EDT) -- Appeal by Khill from a decision of the Court of Appeal of Ontario that overturned his acquittal, by a jury, on a charge of second-degree murder. Khill, who had some military training, was awoken by his partner who reported sounds outside their home. Khill looked out the window and saw the dashboard lights of his truck were on. He loaded a shotgun and approached the truck. He observed the victim bent over into the truck. He shouted “hands up”. As the victim turned, Khill fired twice, shooting the victim in the chest and shoulder. Khill searched the victim for weapons and found a folding knife in the victim’s pants. Khill told the 911 dispatcher and police that he had shot the victim in self-defence, as he thought the victim had a gun and was going to shoot him. At trial, the jury was not instructed on Khill’s role in the incident. The Court of Appeal unanimously overturned Khill’s acquittal by a jury and ordered a new trial on the basis that the trial judge’s omission of Khill’s “role in the incident” as a discrete factor for the jury to consider in deciding the issue of self-defence was a material error....