R. v. Danjou

R. v. Danjou

On the whole of the evidence the Crown proved beyond a reasonable doubt that the accused had subjective foresight of death — he either intended to kill or intended bodily harm he knew was likely to cause death and was reckless — and intoxication and the diagnosed delusional disorder were insufficient to raise a reasonable doubt; verdict: guilty of second degree murder.

Citation
2020 BCSC 1819
Parties
Prosecution: Regina; Accused: Tejwant Danjou
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
13 August 2020
Procedural Posture
Criminal Homicide (second Degree Murder Trial) / Trial Judgment (verdict Rendered)
Outcome
Accused found guilty of second degree murder
Legal Topics
Murder, Manslaughter, Mens Rea, Intoxication, Mental Disorder (delusional Jealousy), Domestic Violence, Forensic Evidence, Expert Evidence
Source Language
English
Criminal Law Murder Manslaughter Mens Rea Intoxication Mental Disorder (delusional Jealousy) Domestic Violence Forensic Evidence +1 more

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Parties

Regina

Prosecution

Tejwant Danjou

Accused

Procedural Posture

Criminal Homicide (second Degree Murder Trial) / Trial Judgment (verdict Rendered)

Legal Issues

  1. 1 Whether Crown proved beyond a reasonable doubt that accused had subjective foresight of death required for second degree murder
  2. 2 Whether intoxication and/or a non‑NCR mental disorder (delusional jealousy) and claimed dissociative amnesia negated specific intent
  3. 3 Application and limits of the common sense inference and the rolled‑up/cumulative effect on mens rea

Ratio Decidendi

On the whole of the evidence the Crown proved beyond a reasonable doubt that the accused had subjective foresight of death — he either intended to kill or intended bodily harm he knew was likely to cause death and was reckless — and intoxication and the diagnosed delusional disorder were insufficient to raise a reasonable doubt; verdict: guilty of second degree murder.

Court Disposition

Accused found guilty of second degree murder

Orders

  • Accused found guilty of second degree murder
  • Matter remitted for sentencing