R. v. Denison (J.D.), (2001) 161 B.C.A.C. 169 (CA)

• Judge: Finch, C.J.B.C., Ryan and Mackenzie, JJ.A.
• Court: Court of Appeal (British Columbia)
• Case Date: November 30, 2001
• Jurisdiction: British Columbia
• Citations: (2001), 161 B.C.A.C. 169 (CA);2001 BCCA 703

R. v. Denison (J.D.) (2001), 161 B.C.A.C. 169 (CA);

    263 W.A.C. 169

MLB headnote and full text

Temp. Cite: [2001] B.C.A.C. TBEd. DE.021

Regina (respondent) v. John Donald Denison (appellant)

(CA026781; 2001 BCCA 703)

Indexed As: R. v. Denison (J.D.)

British Columbia Court of Appeal

Finch, C.J.B.C., Ryan and Mackenzie, JJ.A.

November 30, 2001.

Summary:

The accused appealed his conviction by a judge and jury for first degree murder.

The British Columbia Court of Appeal allowed the appeal and substituted a convic­tion for second degree murder. The court remitted the sentencing to the trial court.

Editor's Note: For a prior related case, see [1998] B.C.T.C. Uned. H19.

Criminal Law - Topic 1263

Offences against person and reputation - Murder - Intention - The British Colum­bia Court of Appeal held that because one can intend to kill and yet be impulsive rather than considered in doing so, it required less mental capacity to intend than it did to plan and deliberate - See paragraph 14.

Criminal Law - Topic 1270

Offences against person and reputation - Murder - First degree - Meaning of "planned" and "deliberate" - The British Columbia Court of Appeal referred to the definition of the word "planned", as an element of first degree murder - The court held that in the case at bar, the element of planning was not proven - See paragraphs 11, 15 to 20.

Cases Noticed:

R. v. Biniaris (J.) (2000), 252 N.R. 204; 134 B.C.A.C. 161; 219 W.A.C. 161; 143 C.C.C.(3d) 1 (S.C.C.), refd to. [para. 12].

R. v. Jacquard (C.O.) (1997), 207 N.R. 246; 157 N.S.R.(2d) 161; 462 A.P.R. 161; 113 C.C.C.(3d) 1 (S.C.C.), refd to. [para. 14].

R. v. Smith (1979), 1 Sask.R. 213; 51 C.C.C.(2d) 381 (C.A.), refd to. [para. 15].

Counsel:

R. Cornett and H. Stevenson, for the ap­pellant;

O. Kuzma, for the Crown, respondent.

This appeal was heard before Finch, C.J.B.C., Ryan and Mackenzie, JJ.A., of the British Columbia Court of Appeal, at Vancouver, British Columbia, on November 30, 2001, when the following decision was delivered orally for the court by Ryan, J.A.