The accused was charged with second-degree murder and attempted murder following a stabbing incident at an apartment.
The accused admitted to causing the death and injuries but raised the defence of advanced intoxication due to polysubstance abuse (alcohol, methamphetamine, and fentanyl).
The court rejected the accused's testimony regarding his memory and consumption at the scene, finding his post-offence conduct demonstrated an ability to foresee the consequences of his actions.
The court found the accused had the requisite intent for second-degree murder under s. 229(a)(ii) of the Criminal Code.
However, the court found the Crown failed to prove the specific intent to kill required for attempted murder, convicting the accused of the lesser included offence of aggravated assault.
