Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.
Results update automatically as you type.
Canada decisions
Decisions matching the current search
The court convicted Gordon Kent Rumbles of dangerous driving causing death, impaired driving causing death, and over 80 causing death after rejecting a hypoglycemia-based defence.
On the whole of the evidence the Crown did not prove beyond a reasonable doubt that the accused possessed the specific intent for murder; expert evidence, indicia of intoxication and delusional thought, inconsistencies in accounts and residual uncertainty about the accused's mental state at the time of the assault left the judge unable to be sure of murderous intent, warranting acquittal on the murder charge but conviction for manslaughter.
Source excerpt
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.
The court found the complainant was severely intoxicated and incapable of consenting when the sexual activity occurred, and convicted Mr. Jajja of sexual assault.
The court found Cole Macdonald guilty of two counts of impaired driving causing death after drug impairment evidence, witness observations, and reconstruction showed he crossed into oncoming traffic.
The trial judge unreasonably failed to infer, from the totality of strong circumstantial evidence (store video placing the accused at the shelf, contemporaneous receipt showing an air duster purchase at the exact price of Emzone, witness identification of a similar blue can with orange trigger, and expert evidence that Emzone contains DFE which impairs driving), that the accused inhaled an Emzone product containing DFE; that piece of circumstantial evidence needed only be proven on a balance of probabilities and, when combined with evidence of erratic driving and observations of impairment, s…
Source excerpt
Reliability must be assessed at the qualification/gatekeeper stage; because the toxicology results and Dr. Nassar's opinion are inseparable from the lab's processes, and the lab lacked forensic designation, external proficiency testing/oversight, and demonstrated uncertain adherence to international standards, the proposed expert opinion was not shown to be reliable and must be excluded; Dr. Nassar is not qualified as an expert in forensic and analytical toxicology.
Source excerpt
The court convicted Thomas Robert Elton of second degree murder after finding he strangled and stabbed his wife, rejecting the claim of assisted suicide.
A British Columbia trial judge found Robert Anthony Taylor guilty of second degree murder after rejecting accident and intoxication defences in a fatal rifle shooting.
Breath readings of 170 mg% and 160 mg% were properly obtained and, absent sufficient evidence to the contrary, the s.258(1)(c) presumption applies; the defence failed to raise a reasonable doubt that the accused's BAC at the time of care or control was not over .08 due to voluntary consumption and failed to prove non‑insane automatism on the balance of probabilities; accordingly convicted on s.253(b) and second count stayed.
Source excerpt
Explore more
