Law360 Canada ( July 13, 2023, 6:44 AM EDT) -- Appeal by Yabarow from his conviction and sentence for second-degree murder. He argued that the trial judge erred by not properly considering his immigration status in deciding the length of parole ineligibility. The victim, Abdinasir Hussein, was found lying in a pool of blood in his apartment. Yabarow’s blood-soaked trackpants and shoes were found in Hussein’s apartment. The autopsy report showed the cause of death was sharp force injuries. Yabarow spoke to two individuals. He admitted to one that he had a confrontation with a man whom he injured and had died from the injury. He asked for advice about getting out of the country. Yabarow was arrested and charged with second-degree murder. Yabarow admitted he had an altercation with Hussein and denied he intended to kill Hussein. He said he had been very drunk and had acted in self-defence. The jury found Yabarow guilty of second-degree murder, rejecting all of his defences. Yabarow argued the trial judge erred by instructing the jury that after-the-fact conduct evidence was relevant to the issue of provocation, in not compelling the Crown to call Khalinle as a witness, and in not permitting the defence to call Khalinle as a witness....