R. v. Courtoreille and Giroux

R. v. Courtoreille and Giroux

On the whole of the evidence the Crown proved identity, time and place, causation and requisite intent beyond a reasonable doubt; key eyewitnesses (Rudkvist, Wiebe) were credible and corroborated by physical and DNA evidence; accused testimonies were found to be manipulative, inconsistent and insufficient to negate specific intent or party liability under s.21; Giroux's statements to Rudkvist constituted admissions of participation, and intoxication did not negate intent, therefore both accused are guilty of second degree murder.

Citation
2004 BCSC 946
Parties
Prosecution: Regina; Accused: Danial Alexander Courtoreille; Accused: Gordon Bryan Giroux
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
28 June 2004
Procedural Posture
Criminal Second Degree Murder / Trial Judgment (reasons for Judgment)
Outcome
Both accused found guilty of second degree murder of Brandon Lee Christopherson
Legal Topics
Murder, Party Liability (s.21), Intoxication, Identification Procedures, DNA Evidence, Dismemberment, Credibility Assessment
Source Language
English
Criminal Law Forensic Evidence Evidence Law Murder Party Liability (s.21) Intoxication Identification Procedures DNA Evidence +2 more

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Parties

Regina

Prosecution

Danial Alexander Courtoreille

Accused

Gordon Bryan Giroux

Accused

Procedural Posture

Criminal Second Degree Murder / Trial Judgment (reasons for Judgment)

Legal Issues

  1. 1 Identity of offenders
  2. 2 Time and place of offence
  3. 3 Causation (who caused death)

Ratio Decidendi

On the whole of the evidence the Crown proved identity, time and place, causation and requisite intent beyond a reasonable doubt; key eyewitnesses (Rudkvist, Wiebe) were credible and corroborated by physical and DNA evidence; accused testimonies were found to be manipulative, inconsistent and insufficient to negate specific intent or party liability under s.21; Giroux's statements to Rudkvist constituted admissions of participation, and intoxication did not negate intent, therefore both accused are guilty of second degree murder.

Court Disposition

Both accused found guilty of second degree murder of Brandon Lee Christopherson