Canada Case Law

R. v. Levy

Court

Supreme Court of Nova Scotia

Given the prolonged application of a rear naked chokehold by a trained head of security, the absence of ongoing threat from the victim, the failure to seek or provide medical assistance, and the need for denunciation and general deterrence, a custodial sentence of four years for manslaughter is fit; the related criminal negligence causing death count arises from the same delict and is conditionally stayed under the Kienapple principle.

Source excerpt

• Manslaughter
• Criminal negligence causing death
• Denunciation
• General deterrence
• Kienapple principle
• Use of force by security personnel

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R. v. Wareing

Court

British Columbia Court of Appeal

On the facts the trial judge did not err: some after-the-fact conduct had probative value regarding whether the appellant acted in self-defence and the judge properly limited the use of that evidence for intent while cautioning the jury on inferences for self-defence; further, the charge adequately addressed the concurrence requirement by directing the jury to consider which shot caused the death and that intent must coincide with the fatal shot, so the jury was properly equipped and the appeal is dismissed.

Source excerpt

• After-the-fact conduct
• No probative value instruction
• Concurrence of actus reus and mens rea
• Jury charge
• Self-defence

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R. v. Downey

Court

Supreme Court of British Columbia

After balancing aggravating factors (intimate partner killing, weapon use, flight and concealment, significant victim and community impact, substantial prior violent record) against mitigating factors (admissions shortening trial, IRCA demonstrating early trauma and systemic influences, expression of remorse), and applying s.745.4 and relevant authority, the proper exercise of discretion places this case at the lower end of the 12–15 year range; therefore parole ineligibility is set at 12 years.

Source excerpt

• Parole ineligibility under s.745.4
• Victim impact
• Impact of race and culture assessment
• Aggravating and mitigating factors
• Ancillary orders

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R. v. McIntyre

Court

Supreme Court of British Columbia

Sentencing reasons for Mitchell McIntyre for second degree murder and manslaughter involving a firearm, with life imprisonment and 13 years parole ineligibility on the murder count.

• Parole ineligibility
• Mandatory life sentence
• Manslaughter with firearm
• Joint sentencing recommendation
• Aggravating and mitigating factors
• Firearms prohibition

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R v EP

Court

Nova Scotia Provincial Court

The accused was guilty of manslaughter because he planned and participated in a group assault that significantly contributed to the deceased's death; a reasonable person in his circumstances would have foreseen a risk of non‑trivial bodily harm from the group assault (and from the presence/use of knives once he knew or believed others had them); intervening acts by MP and CP did not break the causal chain; abandonment failed because he did not provide timely, unequivocal communication or take reasonable steps to neutralize his prior participation.

Source excerpt

• Manslaughter
• Party liability
• Aiding and abetting
• Common purpose (s.21(2))
• Unlawful act manslaughter
• Causation and intervening acts

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R. v. Beak

Court

Court of Appeal for Ontario

The Court held the trial judge did not err: the jury instructions adequately explained that constructive first degree murder under s.231(5) requires the accused to have actively participated (i.e., been a substantial cause) in the killing; forcible confinement and sexual assault were properly left to the jury on the evidence; post-offence conduct testified to by Beak was admissible and properly cautioned as circumstantial; the judge correctly exercised discretion by declining a premature pre-ruling on jailhouse informant evidence; and the judge's specific corrective instruction cured any prej…

Source excerpt

• Constructive first degree murder s.231(5)
• Causation/substantial cause
• Forcible confinement
• Sexual assault as underlying offence
• Party liability
• Post-offence conduct

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R. v. McCook

Court

Supreme Court of British Columbia

The court acquitted Brent Angus McCook of second degree murder but convicted him of manslaughter, finding advanced intoxication raised reasonable doubt about specific intent.

• Intoxication defence
• Mens rea
• Manslaughter
• Actus reus
• Causation
• Ballistics

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R. v. Underwood

Court

Supreme Court of Canada

The Supreme Court of Canada upheld Buddy Ray Underwood’s first degree murder conviction, finding the trial judge applied the wrong legal test for planning and deliberation.

• First degree murder
• Planning and deliberation
• Constructive first degree murder
• Party to offence
• Section 231(2)
• Section 231(5)

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R. v. Copeland

Court

Court of Appeal for Ontario

The trial judge did not err: on the appellant's testimony and the totality of the evidence there was no evidentiary basis from which a properly instructed jury could infer sudden loss of self-control or action on the sudden; the evidence consistently supported deliberate self-defence rather than provocation, therefore provocation lacked an air of reality and the conviction is upheld.

Source excerpt

• Provocation
• Self-defence
• Jury instructions
• Air of reality
• Partial defence

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R. v. Busch

Court

British Columbia Court of Appeal

The Court of Appeal dismissed an appeal from a first degree murder conviction, holding that Harbottle’s enhanced participation test does not apply to aiding planned and deliberate murder.

• First degree murder
• Aiding and abetting
• Constructive murder
• Harbottle enhanced participation requirement
• Party liability
• Causation

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