R. v. M.S.

R. v. M.S.

On the totality of forensic evidence (104 stab wounds, multiple knives, blood spatter consistent with a prone victim), contemporaneous witness observations and utterances, and expert psychiatric opinion, the Crown proved beyond a reasonable doubt that despite intoxication the accused retained the cognitive capacity and awareness to form the specific intent to kill; provocation fails the objective standard and intoxication was insufficient to negate intent, therefore convicted of second degree murder.

Citation
2012 NSPC 77
Parties
Crown: Her Majesty The Queen; Accused: M.S.
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
31 August 2012
Procedural Posture
Criminal Youth (second Degree Murder) / Trial Decision (conviction)
Outcome
Accused convicted of second degree murder
Legal Topics
Specific Intent, Intoxication Defence, Provocation (partial Defence), Mens Rea, DNA and Blood Spatter Evidence, Post Offence Conduct
Source Language
English
Criminal Law Youth Justice Homicide Forensic Psychiatry Evidence Law Specific Intent Intoxication Defence Provocation (partial Defence) +3 more

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Parties

Her Majesty The Queen

Crown

M.S.

Accused

Procedural Posture

Criminal Youth (second Degree Murder) / Trial Decision (conviction)

Legal Issues

  1. 1 Whether the accused had the specific intent to kill (murder) or whether intoxication and provocation reduced the offence to manslaughter
  2. 2 Whether the partial defence of provocation applies given accused's age and alleged circumstances
  3. 3 Whether the accused's ingestion of alcohol and Rivotril deprived him of the capacity to form specific intent

Ratio Decidendi

On the totality of forensic evidence (104 stab wounds, multiple knives, blood spatter consistent with a prone victim), contemporaneous witness observations and utterances, and expert psychiatric opinion, the Crown proved beyond a reasonable doubt that despite intoxication the accused retained the cognitive capacity and awareness to form the specific intent to kill; provocation fails the objective standard and intoxication was insufficient to negate intent, therefore convicted of second degree murder.

Court Disposition

Accused convicted of second degree murder

Orders

  • Convicted of second degree murder