R. v. Owens (T.J.), 2014 MBQB 95

• Judge: McKelvey, J.
• Court: Court of Queen's Bench of Manitoba (Canada)
• Case Date: May 02, 2014
• Jurisdiction: Manitoba
• Citations: 2014 MBQB 95;(2014), 305 Man.R.(2d) 187 (QB)

R. v. Owens (T.J.) (2014), 305 Man.R.(2d) 187 (QB)

MLB headnote and full text

Temp. Cite: [2014] Man.R.(2d) TBEd. JN.030

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

(CR 13-01-32777; 2014 MBQB 95)

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

Manitoba Court of Queen's Bench

Winnipeg Centre

McKelvey, J.

May 2, 2014.

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 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.

Criminal Law - Topic 113

General principles - Mental disorder - Insanity, automatism, etc. - Intoxication - [See Criminal Law - Topic 1299 ].

Criminal Law - Topic 1299

Offences against person and reputation - Murder - Defences - Jury charge (incl. intent and drunkenness) - Owens and several family members had been drinking whisky and "bean juice" throughout the day on February 28, 2011 - That night, Owens inflicted 30 to 40 blows to his father's body over a prolonged period - He dragged his father into a bathtub to clean off the blood, but proceeded to inflict several wounds using a pair of scissors he noticed in the bathroom - The father died from a stab wound to the abdominal area - Owens was charged with second degree murder - He argued that he was 50 to 75 percent intoxicated that night and lacked the specific intent required for second degree murder - The Manitoba Court of Queen's Bench found that Owens' advanced state of intoxication fell short of raising a reasonable doubt that the obvious consequences of his actions were the death of his father - Owens' actual intent to cause death or to cause bodily harm that he knew was likely to cause death and was reckless whether death ensued or not was demonstrated by, inter alia: (a) the number of blows inflicted; (b) the potentially lethal nature of the scissors; (c) Owens' generally good recall of the events; (d) police evidence that Owens did not demonstrate any overt signs of impairment; and (e) Owens' declared intention to kill his father as testified to by Owens' brother.

Cases Noticed:

R. v. W.J.D., [2007] 3 S.C.R. 523; 369 N.R. 225; 302 Sask.R. 4; 411 W.A.C. 4; 226 C.C.C.(3d) 1; 2007 SCC 53, refd to. [para. 34].

R. v. Robinson (D.), [1996] 1 S.C.R. 683; 194 N.R. 1; 72 B.C.A.C. 161; 119 W.A.C. 161, refd to. [para. 34].

R. v. Cassan (E.R.) (2012), 280 Man.R.(2d) 182; 548 W.A.C. 182; 2012 MBCA 46, affing. (2010), 260 Man.R.(2d) 37; 2010 MBQB 241, refd to. [para. 34].

R. v. D.W., [1991] 1 S.C.R. 742; 122 N.R. 277; 46 O.A.C. 352, refd to. [para. 49].

Counsel:

Brian R. Bell and Monique Cam, for the Crown;

William F. Armstrong, for the accused.

This matter was heard before McKelvey, J., of the Manitoba Court of Queen's Bench, Winnipeg Centre, who delivered the following judgment orally on May 2, 2014.