Supreme Court of Canada Hearings

After a trial by judge alone, the appellant, Buddy Ray Underwood, was convicted of robbery, kidnapping, unlawful confinement and murder. The trial judge acquitted the appellant of first degree murder but entered a conviction for the included offence of second degree murder instead. The respondent Crown appealed the acquittal and the appellant cross-appealed the conviction. The Court of Appeal unanimously allowed the Crown’s appeal, quashed the acquittal on first degree murder and substituted a conviction for first degree murder under ss. 231(2) and (5) of the Criminal Code, R.S.C. 1985, c. C-46. First, the court agreed with the Crown that the trial judge erred in law in his analysis of constructive first degree murder by narrowing the causation analysis to focus exclusively on the direct medical cause of death. Second, the court concluded that the trial judge erred in law by misapprehending the time frame for assessing planning as well as the meaning of “planned” more generally. The appellant’s cross-appeal, not at issue, was dismissed.

Argued Date

2025-04-17

Keywords

Criminal law – Appeals – Murder – First degree murder – Elements of offence – Constructive first degree murder – Planning and deliberation – Whether the Court of Appeal erred in law in convicting the appellant of first degree murder by concluding that his actions satisfied the elements of s. 231(2) and (5)(e) of the Criminal Code, R.S.C. 1985, c. C-46.

Notes

(Alberta) (Criminal) (As of Right)

Language

English Audio

Disclaimers

This podcast is created as a public service to promote public access and awareness of the workings of Canada's highest court. It is not affiliated with or endorsed by the Court. The original version of this hearing may be found on the Supreme Court of Canada's website. The above case summary was prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch).