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moberly attacked whitebird from behind because she thought the victim was being “annoying,” martens said. she got angry enough to “black out” and stab her until she stopped moving, court heard. she then threw the knife, which was later recovered, into a manhole.
moberly was charged with second-degree murder but pleaded guilty to manslaughter. martens said although intoxication was a factor in the killing, it was moberly’s significant mental health issues that would make it difficult for the crown to prove she had the intent required for murder.
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defence lawyer ian wagner said moberly, who has no prior criminal record, has empathy but “cannot get the empathy working appropriately” when she is upset and intoxicated. she knows she needs help with that, he added.
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