R. v. Isenor

Parties

Procedural Posture

Criminal Manslaughter / Trial Judgment (conviction)

Legal Issues

1. 1 Whether the accused acted in self-defence when he punched the victim
2. 2 Whether the Crown proved beyond a reasonable doubt that the accused was not acting in self-defence
3. 3 Assessment of witness credibility and reliability regarding location, timing and circumstances of the punch

Ratio Decidendi

On the whole of the evidence, including the accused's contemporaneous statements and eyewitness testimony, the Crown proved beyond a reasonable doubt that the accused was not acting in self‑defence: the accused chose to punch the victim to stop verbal harassment rather than in response to an unlawful, imminent assault that could not otherwise be avoided, and that punch constituted an unlawful assault which caused the victim's death, amounting to manslaughter.

Court Disposition

Guilty of manslaughter

Orders

• Accused found guilty as charged of manslaughter in the death of Christopher Moore