Ontario Court Justice Paul Currie has committed Kenneth Allen Docherty to a Superior Court trial on a charge of second degree murder in the death of Kleinburg resident Tyson Weber in Orangeville last May 29.

The accused is to appear in assignment court next Monday, March 16. He is still facing several finance-related charges in Ontario Court of Justice. Those are scheduled to be spoken to on March 31.

In delivering his decision at a one-hour hearing, the judge cited several sections of the Criminal Code and outlined his reasons for concluding that a trial should proceed.

Defence lawyer Carrie- Anne Bellan had indicated earlier that, should there be a trial, Mr. Docherty had elected for a Superior Court judge and jury.

The Code defines both culpable and justifiable homicide. The test of whether an accused should be committed for trial or released is generally whether a jury, properly instructed, could find the accused guilty of the charge.

First degree murder requires both premeditation and intent, whereas second degree might imply intent without premeditation. Manslaughter lacks both premeditation and intent to kill. All three forms of homicide are culpable and all have the potential for a life sentence. There are minimum periods of parole eligibility for murder — 25 years for first degree and between 10 and 25 for second degree — but the Code provides no minimum for manslaughter. An acquittal accompanies a finding of justifiable homicide, otherwise generally known as self defence, but requires that an accused believed he or she was in immediate peril of death or grievous bodily harm.

Mr. Docherty has been in custody since his arrest on May 29 following the discovery of Mr. Weber's body in the attached garage of the Docherty residence on Montgomery Blvd.

It was not immediately known when his trial might proceed, but Ms. Bellan said outside court it could possibly be as early as June.