R. v. McMath

R. v. McMath

The committal for first degree murder was quashed because, although motive and other suspicious circumstances existed, the totality of admissible evidence did not reasonably permit an inference of planning and deliberation without engaging in impermissible speculation; therefore the proper remedy was to substitute a...

Source-derived case information.

Citation
2011 BCSC 15
Parties
Respondent: Regina; Applicant: Robert McMath
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
7 January 2011
Procedural Posture
Criminal Murder / Judicial Review of Committal (application for Certiorari) on Appeal From Preliminary Inquiry Committal
Outcome
Application allowed; committal for first degree murder quashed and replaced with committal for second degree murder
Legal Topics
Committal, First Degree Murder, Second Degree Murder, Planning and Deliberation, Preliminary Inquiry, Circumstantial Evidence, Standard of Review, Certiorari
Source Language
english
Criminal Law Procedural Law Evidence Committal First Degree Murder Second Degree Murder Planning and Deliberation Preliminary Inquiry +3 more

Source-derived case record

Summary, issues, holding and outcome

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Parties

Regina

Respondent

Robert McMath

Applicant

Procedural Posture

Criminal Murder / Judicial Review of Committal (application for Certiorari) on Appeal From Preliminary Inquiry Committal

Legal Issues

  1. 1 Whether there was sufficient admissible evidence to support committal for first degree murder by permitting a reasonable inference of planning and deliberation
  2. 2 Whether the Provincial Court judge engaged in impermissible speculation when inferring planning and deliberation
  3. 3 Proper standard and scope of review on an application to quash a committal

Ratio Decidendi

The committal for first degree murder was quashed because, although motive and other suspicious circumstances existed, the totality of admissible evidence did not reasonably permit an inference of planning and deliberation without engaging in impermissible speculation; therefore the proper remedy was to substitute a committal for second degree murder.

Court Disposition

Application allowed; committal for first degree murder quashed and replaced with committal for second degree murder

Orders

  • Quash the committal for first degree murder pronounced September 22, 2009 by the Honourable Judge Romano
  • Order that Robert McMath stand trial on the charge of second degree murder of Janice McMath