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The Supreme Court restored Daniel Hodgson’s acquittal, holding the Court of Appeal had not identified a question of law alone and the trial judge made no legal error.
The court acquitted on attempted murder and two firearm/driving counts, but convicted on reckless firearm discharge, weapon possession, flight from police, and mischief offences.
The court convicted Gabriel Brandon Klein of second degree murder and aggravated assault after finding he had the required intent despite evidence of intoxication and mental disturbance.
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.
The court found B.E. not guilty of murder in the deaths of H.L. and S.L., but guilty of unlawful act manslaughter for both deaths.
The British Columbia Court of Appeal allowed the Crown’s conceded appeal, set aside Martha May Kahnapace’s second-degree murder conviction, and ordered a new trial.
The Supreme Court of Canada dismissed Adrian John Walle’s appeal from a second-degree murder conviction and rejected fresh psychiatric evidence.
The charge as a whole adequately instructed the jury that any common sense inference about intent had to be drawn only after considering all evidence including intoxication and proven beyond a reasonable doubt; the omission of specific formulaic wording and a reiterated reasonable doubt reminder in the clarification was not reversible error; the absence of a formal propensity caution regarding Mr. Big evidence was not reversible given the defence's tactical use of that evidence, lack of defence objection, the confession admitted without objection, and minimal risk of prejudice, therefore the…
Source excerpt
The Court of Appeal found the trial judge did consider the common sense inference and referenced R. v. Grosse but declined to draw that inference on the record due to insufficient evidence about what the expert meant by 'large quantities' and 'shortly prior'; therefore the summary conviction appeal court misapprehended the trial judge and the acquittals were restored.
Source excerpt
The Court of Appeal dismissed the Crown’s appeal from murder acquittals, holding the trial judge made no error of law in treating youth as one factor in assessing subjective foresight.
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