R. v. Comer

R. v. Comer

The Crown failed to prove beyond a reasonable doubt that the accuseds’ acts were the significant contributing cause of death; independent sober witness evidence and inconsistencies among intoxicated witnesses created reasonable doubt as to which blows caused the fatal subarachnoid hemorrhage, and Smith’s actions...

Source-derived case information.

Citation
2006 NSSC 217
Parties
Crown: Her Majesty the Queen; Accused: William Robert Comer; Accused: Michael Ryan Smith
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
6 July 2006
Procedural Posture
Criminal Manslaughter / Trial Judgment
Outcome
Both accused found not guilty of manslaughter; William Robert Comer convicted of common assault
Legal Topics
Manslaughter, Causation, Self Defence (s.34 Criminal Code), Joint Liability (s.21 Criminal Code), Credibility and Reasonable Doubt
Source Language
english
Criminal Law Homicide Evidence Forensic Pathology Defences Manslaughter Causation Self Defence (s.34 Criminal Code) +2 more

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Parties

Her Majesty the Queen

Crown

William Robert Comer

Accused

Michael Ryan Smith

Accused

Procedural Posture

Criminal Manslaughter / Trial Judgment

Legal Issues

  1. 1 Whether the Crown proved beyond a reasonable doubt that Comer and/or Smith caused the death (causation)
  2. 2 Whether the actions of Smith and Comer were lawful self-defence under s.34(1) of the Criminal Code
  3. 3 Whether the Crown proved the requisite mens rea/dangerousness for unlawful act manslaughter

Ratio Decidendi

The Crown failed to prove beyond a reasonable doubt that the accuseds’ acts were the significant contributing cause of death; independent sober witness evidence and inconsistencies among intoxicated witnesses created reasonable doubt as to which blows caused the fatal subarachnoid hemorrhage, and Smith’s actions were lawful self-defence. Accordingly both accused are acquitted of manslaughter; however Comer is guilty of common assault for kicking the deceased when he was on the ground.

Court Disposition

Both accused found not guilty of manslaughter; William Robert Comer convicted of common assault

Orders

  • Both accused acquitted of manslaughter
  • Conviction recorded for William Robert Comer for common assault