R. v. McGenn

R. v. McGenn

Applying W.(D.) and Criminal Code principles the Court accepted that McGenn caused Delaney's death but the Crown did not prove beyond reasonable doubt that McGenn had the subjective knowledge that his actions were likely to cause death or was reckless as to that outcome, therefore murder not made out but...

Source-derived case information.

Citation
2018 BCSC 1614
Parties
Crown: Regina; Accused: Shayne Daniel Duncan McGenn; Accused: Sarah Margaret Sather; Victim: David Delaney
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
17 September 2018
Procedural Posture
Criminal Homicide / Trial Judgment (reasons for Verdict)
Outcome
McGenn: not guilty of second degree murder, guilty of manslaughter. Sather: not guilty of accessory after the fact.
Legal Topics
Manslaughter, Second Degree Murder, Self Defence, Provocation, Accessory After the Fact, Credibility Assessment, Forensic Pathology
Source Language
english
Criminal Law Homicide Evidence Manslaughter Second Degree Murder Self Defence Provocation Accessory After the Fact +2 more

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Summary, issues, holding and outcome

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Parties

Regina

Crown

Shayne Daniel Duncan McGenn

Accused

Sarah Margaret Sather

Accused

David Delaney

Victim

Procedural Posture

Criminal Homicide / Trial Judgment (reasons for Verdict)

Legal Issues

  1. 1 Whether accused McGenn had the subjective foresight required for murder or if the killing was manslaughter
  2. 2 Whether provocation or self-defence excuses or mitigates the offence
  3. 3 Whether accused Sather knew of the killing and assisted to enable escape (accessory after the fact)

Ratio Decidendi

Applying W.(D.) and Criminal Code principles the Court accepted that McGenn caused Delaney's death but the Crown did not prove beyond reasonable doubt that McGenn had the subjective knowledge that his actions were likely to cause death or was reckless as to that outcome, therefore murder not made out but manslaughter was proven; self-defence and provocation were rejected on the evidence; Crown failed to prove Sather acted with the purpose of enabling escape and she was acquitted of being an accessory after the fact.

Court Disposition

McGenn: not guilty of second degree murder, guilty of manslaughter. Sather: not guilty of accessory after the fact.

Orders

  • Shayne Daniel Duncan McGenn: Not guilty of second degree murder; guilty of manslaughter contrary to s.234 of the Criminal Code.
  • Sarah Margaret Sather: Not guilty of accessory after the fact to murder (s.240)