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Criminal - Murder - Intoxication

. R. v. Necan

In R. v. Necan (Ont CA, 2024) the Ontario Court of Appeal dismissed a defendant's appeal where the only issue was intent to murder, and a primary factor was intoxication and it's role in the jury charge:
[3] The appellant relied heavily on the fact of his intoxication when arguing that he did not have the intention for murder. Although he did not claim to be in a state of intoxicated automatism, he argued that his degree of intoxication informed why the jury should have a reasonable doubt about whether he formed the specific intent for murder: see R. v. Brown, 2022 SCC 18, 472 D.L.R. (4th) 459, at para. 43; R. v. Gibb, 2024 ONCA 255, 436 C.C.C. (3d) 131, at para. 16.


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Last modified: 14-10-24
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