Digest: R v Wolff, 2018 SKQB 220

• Date: August 18, 2019

Reported as: 2018 SKQB 220

Docket Number: CRM 318/17 JCS , QB18219

Court: Court of Queen's Bench

Date: 2019-08-18

Judges:

• Allbright

Subjects:

• Criminal Law � Evidence � Beyond a Reasonable Doubt
• Criminal Law � Evidence � Circumstantial Evidence
• Criminal Law � Evidence � Direct Evidence
• Criminal Law � Murder � Second Degree Murder � Manslaughter

Digest: The accused was charged with second degree murder contrary to s. 235(1) of the Criminal Code. The victim had provided a statement to police in 2007 implicating the accused in trafficking drugs; the accused was charged with possession for the purpose of trafficking as a result. The essential elements of second degree murder are: 1) the accused caused the victim�s death; 2) the accused caused the victim�s death unlawfully; and 3) the accused had the state of mind required for murder, that he either meant to kill the victim or meant to cause the victim bodily harm that he knew was likely to cause the death and was reckless whether death ensued or not. An expert in bloodstain pattern analysis testified that there were blood stains in the victim�s residence matching his DNA. Someone had attempted to clean-up the blood stains in the kitchen. The forensic firearms specialist concluded that both bullets located in the victim�s residence were fired from a .22 caliber rimfire firearm. An expert regarding DNA probability testified that the accused�s DNA was located on a roach in a vehicle, on a cigarette in the victim�s residence, and on a cleaning solution bottle located in the victim�s residence. A friend of the accused testified that the accused told her he would take care of the victim. An ex-girlfriend of the accused indicated that the accused told her he had dealt with the victim when the victim came at him with a sword. He told the ex-girlfriend that he then shot the victim and there was a lot of blood. There was some indication that the victim may have been placed in a well around the accused�s parents� farm. The ex-girlfriend became a paid agent of the RCMP for the purposes of the investigation. She was paid a total of $2,819.43. The ex-girlfriend had a criminal record and admitted to lying to the police in the past. She also admitted that she was a heavy drug user for a period of time and was using meth and other drugs at the time she met with the accused regarding the incident. Other witnesses testified to the accused purchasing gas for a vehicle similar to the...