R. v. Owens (T.J.), 2015 MBCA 96

• Judge: Hamilton, Monnin and leMaistre, JJ.A.
• Court: Court of Appeal (Manitoba)
• Case Date: October 05, 2015
• Jurisdiction: Manitoba
• Citations: 2015 MBCA 96;(2015), 323 Man.R.(2d) 123 (CA)

R. v. Owens (T.J.) (2015), 323 Man.R.(2d) 123 (CA);

      657 W.A.C. 123

MLB headnote and full text

Temp. Cite: [2015] Man.R.(2d) TBEd. OC.016

Her Majesty The Queen (respondent) v. Trevor John Owens (accused/appellant)

(AR 15-30-08341; 2015 MBCA 96)

Indexed As: R. v. Owens (T.J.)

Manitoba Court of Appeal

Hamilton, Monnin and leMaistre, JJ.A.

October 5, 2015.

Summary:

The accused was charged with second degree murder in the death of his father. The accused argued that his level of intoxication resulted in a lack of the specific intent required for second degree murder.

The Manitoba Court of Queen's Bench, in a decision reported at (2014), 305 Man.R.(2d) 187, found the accused guilty. The court was satisfied, beyond a reasonable doubt, that the accused had caused his father's death, did so unlawfully, and had the state of mind required for second degree murder. The accused appealed.

The Manitoba Court of Appeal dismissed the appeal.

Criminal Law - Topic 4300

Procedure - Trial judge - Duties and functions of - Respecting credibility of witnesses - [See Criminal Law - Topic 4377 ].

Criminal Law - Topic 4377

Procedure - Charge or directions - Jury or judge alone - Directions regarding credibility of witnesses - Owens was found guilty of second degree murder in the death of his father - The trial judge relied on the evidence of Owens' brother to establish that Owens had threatened to kill the father and that Owens was responsible for all of the blows inflicted on the father - Owens appealed, arguing that the trial judge erred in relying on the brother's evidence in any way because she stated that she did not give "significant weight" to the brother's testimony - The Manitoba Court of Appeal dismissed the appeal - The trial judge was entitled to accept the brother's unchallenged evidence that Owens threatened his father notwithstanding that she expressed concerns about other aspects of his evidence.

Cases Noticed:

R. v. Biniaris (J.), [2000] 1 S.C.R. 381; 252 N.R. 204; 134 B.C.A.C. 161; 219 W.A.C. 161; 2000 SCC 15, refd to. [para. 7].

R. v. Yebes, [1987] 2 S.C.R. 168; 78 N.R. 351, refd to. [para. 7].

Counsel:

W.F. Armstrong, for the appellant;

N.M. Cutler and C.T. St. Croix, for the respondent.

This appeal was heard on October 5, 2015, before Hamilton, Monnin and leMaistre, JJ.A., of the Manitoba Court of Appeal. Hamilton, J.A., pronounced the following decision for the court on the same date.