R. v. Cromwell

The judge found the evidential burden to show an air of reality was met for both self-defence and provocation based on the accused's police interview, witness testimony, video and medical evidence; accordingly both defences must be put to the jury and the jury must be instructed on the mens rea element required for murder.

Citation: 2014 NSSC 144
Parties: Crown/prosecution: Her Majesty the Queen; Accused/defendant: Aidan David Cromwell
Court: Supreme Court of Nova Scotia
Jurisdiction: Canada
Judgment Date: 20 March 2014
Procedural Posture: Criminal Homicide (murder) / Pre Trial Ruling on Air of Reality for Defences and Jury Instructions
Outcome: Judge orders that the defences of self-defence and provocation be put to the jury and that the jury be instructed on the mens rea element for murder.
Legal Topics: Self Defence, Provocation, Mens Rea (murder), Air of Reality Test, Evidential Burden
Source Language: English

Criminal Law Evidence Jury Instructions Self Defence Provocation Mens Rea (murder) Air of Reality Test Evidential Burden

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 5 Authorities cited 10 Party arguments 2

Parties

Her Majesty the Queen

Crown/prosecution

Aidan David Cromwell

Accused/defendant

Procedural Posture

Criminal Homicide (murder) / Pre Trial Ruling on Air of Reality for Defences and Jury Instructions

Legal Issues

1 Whether the defence of self-defence has an air of reality and should be put to the jury
2 Whether the defence of provocation has an air of reality and should be put to the jury
3 Whether the jury should be instructed on the requisite mens rea for murder

Ratio Decidendi

Court Disposition

Judge orders that the defences of self-defence and provocation be put to the jury and that the jury be instructed on the mens rea element for murder.

Orders

Self-defence to be put to the jury
Provocation to be put to the jury