R. v. Burgess

R. v. Burgess

On the totality of the evidence the court was satisfied beyond a reasonable doubt that Vanessa Burgess, while in conflict with her intoxicated father, pushed him with sufficient force at the top of the steep basement stairs to propel him to the bottom where he struck his head and sustained catastrophic brain injuries causing death; the medical and testimonial evidence did not support the novel trial claim that the mother inflicted a fatal kick, and the accused's account amounted to an angry, not defensive, act, so self-defence under ss.34(1) or 37 did not apply; accordingly the accused was guilty of manslaughter.

Citation
2015 NSPC 47
Parties
Crown: Her Majesty the Queen; Accused: Vanessa Burgess
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
31 July 2015
Procedural Posture
Criminal Manslaughter / Trial Decision (guilty Verdict)
Outcome
Found guilty of manslaughter
Legal Topics
Manslaughter, Self Defence, Causation, Reasonable Doubt, Credibility Assessment, Post Event Communications (texts), Expert Neuropathology
Source Language
English
Criminal Law Evidence Forensic Pathology Family Law (context) Manslaughter Self Defence Causation Reasonable Doubt +3 more

Case Brief

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Parties

Her Majesty the Queen

Crown

Vanessa Burgess

Accused

Procedural Posture

Criminal Manslaughter / Trial Decision (guilty Verdict)

Legal Issues

  1. 1 Did the accused cause the deceased's fatal head injuries?
  2. 2 Could the injuries have been caused by the mother kicking the deceased?
  3. 3 Was the accused acting in lawful self-defence at the time of the push?

Ratio Decidendi

On the totality of the evidence the court was satisfied beyond a reasonable doubt that Vanessa Burgess, while in conflict with her intoxicated father, pushed him with sufficient force at the top of the steep basement stairs to propel him to the bottom where he struck his head and sustained catastrophic brain injuries causing death; the medical and testimonial evidence did not support the novel trial claim that the mother inflicted a fatal kick, and the accused's account amounted to an angry, not defensive, act, so self-defence under ss.34(1) or 37 did not apply; accordingly the accused was guilty of manslaughter.

Court Disposition

Found guilty of manslaughter

Orders

  • Found guilty of manslaughter