R. v. Calnen

R. v. Calnen

On limited weighing of the whole evidence a properly instructed jury could not reasonably infer causation or the requisite mental state from the available evidence; after-the-fact conduct and concealment, while supporting consciousness that death occurred at the accused's house, do not support the inference that the accused committed a culpable homicide, therefore there is insufficient evidence to commit to trial for second degree murder or manslaughter and the accused is discharged.

Citation
2014 NSPC 17
Parties
Crown: Her Majesty The Queen; Accused: Paul Trevor Calnen
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
17 April 2014
Procedural Posture
Criminal Homicide (preliminary Inquiry) / Preliminary Inquiry / Committal Decision
Outcome
Accused discharged; not committed to trial on charge of second degree murder and included manslaughter
Legal Topics
Committal to Trial, Circumstantial Evidence, After the Fact Conduct, Second Degree Murder, Manslaughter, Causation, Intent
Source Language
English
Criminal Law Evidence Procedure Committal to Trial Circumstantial Evidence After the Fact Conduct Second Degree Murder Manslaughter +2 more

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Parties

Her Majesty The Queen

Crown

Paul Trevor Calnen

Accused

Procedural Posture

Criminal Homicide (preliminary Inquiry) / Preliminary Inquiry / Committal Decision

Legal Issues

  1. 1 Whether there is sufficient evidence to commit the accused to trial on second degree murder
  2. 2 Whether causation between an unlawful act and the death is established
  3. 3 Whether requisite mental state (intent or knowledge of likelihood of death) is supported

Ratio Decidendi

On limited weighing of the whole evidence a properly instructed jury could not reasonably infer causation or the requisite mental state from the available evidence; after-the-fact conduct and concealment, while supporting consciousness that death occurred at the accused's house, do not support the inference that the accused committed a culpable homicide, therefore there is insufficient evidence to commit to trial for second degree murder or manslaughter and the accused is discharged.

Court Disposition

Accused discharged; not committed to trial on charge of second degree murder and included manslaughter

Orders

  • Accused Paul Trevor Calnen discharged on the charge of second degree murder and the included charge of manslaughter.
  • Committal on section 182(b) (indecent interference with remains) was conceded by the Defence during the preliminary inquiry.