Dr. Noel McAuliffe

The accused was charged with the second-degree murder of his mother.

The Crown and defence agreed to proceed by way of admissions for much of the evidence.

The court first had to determine whether the accused committed the actus reus of the offence before considering a potential defence of not criminally responsible on account of mental disorder (NCRMD).

Based on overwhelming forensic, DNA, and circumstantial evidence, the court found beyond a reasonable doubt that the accused unlawfully caused the death of the victim by inflicting multiple sharp force injuries.

The appellant, an overnight attendant at a group home, was convicted of criminal negligence causing the death of a resident with developmental disabilities who drowned in a bathtub.

The appellant had left the resident unsupervised, contrary to an "eyes-on" protocol.

On appeal, the court found the verdict unreasonable due to insufficient evidence of causation.

The forensic pathologist's opinion on drowning was based on information not fully supported by the record, and he could not eliminate other potential causes like a sudden cardiac event.

The court noted a risk of the jury reasoning backward from the death to infer causation without sufficient evidentiary basis.

The conviction was set aside, and an acquittal was entered.

Kenneth Johnson was convicted of manslaughter after being acquitted of second-degree murder.

The sentencing decision addresses the circumstances of the assault on his roommate, Richard Skupien, which resulted in Skupien's death from a ruptured spleen and rib fractures.

The court considered aggravating factors, including the violent nature of the attack on a vulnerable individual in his home, and the offender's lengthy criminal record.

Mitigating factors included the offender's remorse, strong family support, and particularly harsh pre-trial custody conditions due to frequent lockdowns at the Central East Correctional Centre.

The court imposed an eight-year sentence, reduced to two years and four months after applying credit for pre-trial custody and the onerous conditions.

At a preliminary hearing, the Crown sought committal on second degree murder charges following the death of a victim from injuries sustained in a physical altercation.

The defendant conceded that he was involved in a consensual fight with the deceased and that he unlawfully caused the injuries leading to death, but argued there was insufficient evidence of the specific intent required for second degree murder.

The Crown argued that circumstantial evidence supported an inference that the defendant intended to cause bodily harm he knew was likely to cause death and proceeded recklessly.

The court examined the evidence regarding the nature and severity of the assault, the relative physical condition of the parties, and the defendant's post-incident statements and conduct.

During a murder trial, the defence sought to file their expert pathologist's report as a numbered exhibit, which the Crown opposed.

The report detailed the pathologist's critique of the Crown's expert and offered opinions on the timing of injuries, which could support the defence's theory.

The court denied the request, citing the convention against filing expert reports as exhibits, concerns about them acting as prior consistent statements, and the risk of overemphasizing expert evidence without the full context of cross-examination.

The judge also noted the imprecision of the scientific methods for aging injuries and the potential for misuse if the report was admitted without express caveats.