SUPREME COURT OF NOVA SCOTIA
Citation: R. v. Muise, 2013 NSSC 146
Date: 20130515
Docket: CRH 373467
Registry: Halifax
Between:
Her Majesty the Queen in and for the Province of Nova Scotia
Crown
v.
Cody Alexander Muise
Defendant
LIBRARY HEADING
Judge: The Honourable Justice Peter P. Rosinski
Heard: May 6, 2013
Subject: When manslaughter as an included lesser offence should be put to a jury in a case charged as 1st degree murder?
Summary: Mr. Muise fatally shot the deceased; he claimed that he shot “wildly” and in self defence. Self defence was a “live issue” at trial. The Defence was concerned that if manslaughter would be put to the jury, would it still have the benefit of arguing “no intention to kill” on the murder charge as well as the self defence on both the murder and manslaughter charges
Issue: Determining when manslaughter should be put to the jury and how to structure the jury’s decision making process to ensure the accused gets the benefit of all available defences.
Result: Given the accused’s testimony that he shot “wildly”, his lack of intention to kill was a live issue as was his claim to have been defending himself pursuant to s.34(2) of the Criminal Code. Therefore, manslaughter will be put to the jury for their consideration, but after they reject that the “intention to kill” is present and self defence.
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