Jamie Buckland Foster

The decision concerns the actus reus of two counts of second degree murder and one count of attempted murder.

Alpha Henry was found guilty of unlawfully causing the deaths of his parents, Veronica and Colin Henry, and attempting to murder his brother, Daniel Henry.

The court found the evidence against the accused overwhelming, including forensic, video, and circumstantial evidence, and rejected the defence theory that Daniel was the true perpetrator.

This ruling addresses the admissibility of a videotaped statement made by the defendant, Alpha Henry, to Detective McGinn, following the discovery of two deceased individuals at the defendant's residence.

The defence challenged the statement's voluntariness, arguing it was not the product of an operating mind and was obtained under oppressive circumstances, citing sleep deprivation, physical injuries, mental health concerns, and a lack of understanding of legal jeopardy.

The Crown contended the statement was voluntary and the defendant was alert, coherent, and eager to provide his account.

Applying the Oickle factors, the court found no evidence of threats, promises, inducements, or police trickery.

The court determined that despite some police omissions regarding medical inquiries, the circumstances were not oppressive, and the defendant possessed an operating mind, understanding his rights and the potential use of his statement.

Consequently, the defendant's videotaped statement was ruled admissible.