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Canada Case Law

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Criminal law 2021 BCCA 398

R. v. Batstone

Appeal dismissed from a second-degree murder conviction. The Court held that isolated misapprehensions and inferential errors did not undermine the trial judge’s overall intent finding.

  • Mens rea/intent
  • Second-degree murder vs manslaughter
  • Intoxication
  • Not criminally responsible/mental disorder
  • After-the-fact conduct
  • Misapprehension of evidence
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Criminal law 2020 BCCA 110

R. v. Faire

The Court of Appeal set aside an NCRMD verdict after finding the trial judge prematurely considered criminal responsibility before deciding guilt.

  • Ncrmd assessment under s.672.11
  • Right to control defence
  • Swain exceptions
  • Admissibility of protected statements
  • Curative proviso (s.686(1)(b)(iii))
  • S.11(b) delay issues
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Canada decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.