Canada Case Law

R. v. Davina

Court

Supreme Court of British Columbia

The judge found beyond reasonable doubt that the accused deliberately selected and used a heavy 18-inch crescent wrench to strike the victim multiple times with force sufficient to cause death; the evidence did not establish advanced intoxication negating capacity and there was no air of reality to provocation; accordingly the accused had the specific intent required under s.229(a)(ii) and was guilty of second-degree murder.

Source excerpt

• Mens rea
• Second-degree murder (s.229(a)(ii))
• Intoxication defence
• Provocation (s.232)
• Cumulative/rolled-up effect

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R. v. Bhogal

Court

Court of Appeal for Ontario

The trial judge did not err in omitting an instruction on extreme intoxication akin to automatism because the defence adduced no expert opinion that the appellant's cocaine/alcohol consumption produced a non‑volitional automatistic state; consequently the defence lacked an air of reality. Any minor conflation by Crown counsel or the judge of suffocation versus strangulation timing did not cause substantial prejudice given the evidence and lack of objection; appeal dismissed and conviction for first degree murder affirmed.

Source excerpt

• Extreme intoxication (daviault)
• Automatism
• Jury instructions
• First degree murder s.231(5)(b)
• Opinion evidence timing (pathology)
• Misstatement of evidence

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R. v. Hutchison

Court

Supreme Court of British Columbia

The British Columbia Supreme Court convicted Jack Cruthers Hutchison of manslaughter after finding his prolonged neck restraint on Howard Hill was no longer justified.

• Unlawful act manslaughter
• Self‑defence (s.34 criminal code)
• Objective dangerousness
• Causation
• Accident defence
• Unlawful-act-manslaughter

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R. v. Doyle

Court

Court of Appeal for Ontario

The court admitted the fresh forensic evidence as reliable and material, concluded that the trial's expert evidence was undermined by subsequent scientific developments and the discredited opinions of Dr. Charles Smith, found no reasonable prospect of conviction given the diversity of expert opinion and the tainted police interview, and therefore set aside the conviction and entered an acquittal under the Re Truscott test.

Source excerpt

• Wrongful conviction
• Fresh evidence
• Expert evidence reliability
• Shaken baby syndrome
• Acquittal
• Police interrogation reliability

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R. v. Lewis

Court

Supreme Court of British Columbia

Court of Appeal? No. The British Columbia Supreme Court acquitted Kerryann Lewis of first degree murder, finding the Crown failed to prove an unlawful act beyond a reasonable doubt.

• Murder (first/second degree)
• Specific intent
• Intoxication defence
• Circumstantial evidence
• Expert evidence admissibility
• Causation

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R. v. Biddersingh

Court

Court of Appeal for Ontario

The trial judge did not err: Dr. Pollanen's testimony about drowning, the controversy over diatom analysis, and his differential diagnosis that starvation could be the cause provided sufficient probative basis and an air of reality; the jury was properly instructed and entitled to consider starvation and plausible diatom-transfer hypotheses; therefore the appeal is dismissed and the conviction stands.

Source excerpt

• Cause of death
• Expert evidence admissibility
• Diatom analysis
• Starvation as cause of death
• Jury instructions
• Air of reality

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R. v. Shearer

Court

Supreme Court of British Columbia

Judge-alone murder trial turned on intent. The Court found the accused’s mental state raised a reasonable doubt, acquitted on second degree murder, and convicted of manslaughter.

• Murder
• Manslaughter
• Mens rea
• Not criminally responsible on account of mental disorder (ncrmd)
• Common sense inference
• Admissibility of expert opinion

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R. v. Baader

Court

Supreme Court of British Columbia

The court acquitted Warren Alfred Baader of manslaughter, finding the Crown had not proved beyond a reasonable doubt that the infant’s fatal injuries were intentionally inflicted.

• Manslaughter
• Actus reus
• Causation
• Expert evidence
• Shaken baby syndrome
• Delay in seeking medical assistance

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Desmond Estate v. Desmond Estate

Court

Supreme Court of Nova Scotia

On the balance of probabilities the medical and forensic evidence established Lionel Desmond suffered an essentially instantaneous, catastrophic cranial gunshot wound incompatible with life, while Brenda Desmond sustained a chest gunshot wound causing progressive hemorrhagic and respiratory compromise and thus did not die instantly; the killings occurred within a very short timeframe but the evidence supports the inference Lionel died before Brenda, therefore under s.196 of the Insurance Act the Estate of Brenda Desmond is the proper recipient of the life insurance proceeds.

Source excerpt

• Order of death / survivorship
• Beneficiary entitlement under insurance act s.196 and s.218
• Interaction with survivorship act
• Standard of proof (balance of probabilities)
• Costs

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R. v. Jessup

Court

Supreme Court of British Columbia

In a circumstantial second degree murder trial, the court found a reasonable possibility of suicide and held the Crown had not proved guilt beyond a reasonable doubt.

• Standard of proof
• Circumstantial evidence
• Reasonable doubt
• Cause of death
• Asphyxia/strangulation
• Chain of custody

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