ELEMENTS OF THE OFFENCE — Mens rea

Law360 Canada ( July 12, 2024, 3:20 PM EDT) -- Appeal by Hodgson (H) from an order of the Court of Appeal allowing the Crown’s appeal of H’s acquittal of second-degree murder and directing a new trial on the basis that the trial judge erred in analyzing the mens rea for murder and in applying self-defence to manslaughter. While attending a house party, H used a chokehold to restrain a guest. The guest died. The trial judge acquitted H of second-degree murder because the Crown failed to establish mens rea. She also found H not guilty of the lesser included offence of manslaughter on the ground that his claim of self-defence under s. 34 of the Criminal Code had an air of reality and that the Crown failed to establish that the chokehold was not reasonable....