Supreme Court

Decision Information

Decision Content

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 jurys decision making process to ensure the accused gets the benefit of all available defences.


 

Result:                            Given the accuseds 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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