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The Supreme Court of Canada held the Court of Appeal erred in its fact-finding and substituted a manslaughter verdict instead of second degree murder.
Court of Appeal upheld convictions for breaching recognizance conditions, holding s. 145(3) of the Criminal Code imports an objective mens rea standard. One judge concurred in the result but preferred a subjective standard.
The court dismissed an appeal from conviction for breaching bail conditions, holding that the trial judge correctly applied the modified objective mens rea approach in s. 145(3).
The Court of Appeal dismissed an appeal from a conviction under s. 423.1 of the Criminal Code, holding the trial judge properly inferred subjective intent.
The British Columbia Court of Appeal ordered a new trial after finding the jury was not properly instructed on accident, mens rea, and manslaughter.
Crown appeal from an acquittal under s. 153(1)(a) of the Criminal Code. The Court held that âfor a sexual purposeâ does not require the accusedâs own sexual gratification.
The court allowed an appeal from a conviction for indecent act in public, holding the trial judge wrongly imported recklessness into the offenceâs wilful mens rea.
The court interpreted R. v. Jobidon and held the trial judge used an incorrect consent test, requiring serious harm instead of non-trivial bodily harm. A new trial was ordered.
A Supreme Court of Canada criminal negligence appeal about whether mens rea is judged objectively, subjectively, or by both standards.
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