R. v. Bouchard

Parties

Procedural Posture

Criminal / Appeal From Conviction and Sentence

Legal Issues

1. 1 Whether the trial judge adequately reviewed and related evidence to the mens rea required for murder under s.229(a)
2. 2 Whether the trial judge misdirected the jury by applying the statutory definition of provocation (s.232) to the mens rea inquiry
3. 3 Whether any misdirection could be cured under the curative proviso (s.686(1)(b)(iii))

Ratio Decidendi

The trial judge misdirected the jury by effectively instructing that the narrow statutory definition of provocation under s.232 governed the assessment of the accused’s subjective mens rea; that was an error of law which could not be cured under the curative proviso given the significance of the misdirection to the mens rea determination; conviction must be quashed and a new trial ordered.

Court Disposition

Appeal allowed; conviction quashed; new trial ordered

Orders

• Conviction quashed
• New trial ordered on the charge of second degree murder