J. Thomas Eagan

The accused and the victim were intoxicated.

During an argument, the accused grabbed the victim by the throat and shook her, but claimed he blacked out before she died.

He was convicted of second degree murder at trial, but the Court of Appeal ordered a new trial, finding the jury was not properly instructed on the required intent.

The Supreme Court of Canada allowed the Crown's appeal and restored the conviction, holding that the intent to cause bodily harm knowing it is likely to cause death need not persist throughout the entire act of strangulation, so long as the mens rea and actus reus coincide at some point.

The respondent, a school teacher, was convicted of sexually assaulting seven male pupils.

The Court of Appeal overturned the convictions, finding the trial judge erred in considering the cumulative effect of the evidence and that there was insufficient proof of sexual motivation.

The Supreme Court of Canada held that the Court of Appeal erred in its interpretation of sexual assault by requiring specific sexual intent, contrary to established jurisprudence.

Furthermore, the Court held that when an appellate court finds an error of law regarding the admission of evidence, it cannot substitute its own opinion on the sufficiency of the remaining evidence to convict, but must order a new trial.

The appeal was allowed and a new trial ordered.