The appellant attended a party where he consumed alcohol and magic mushrooms. While intoxicated, he broke into two homes. In the first, he beat the lone occupant with a hard object, causing her serious injuries. In the second, he caused damage to property. At trial, the appellant brought a constitutional challenge to s. 33.1 of the Criminal Code, R.S.C. 1985, c. C-46, which precluded him from availing himself of the defence of non-mental disorder automatism to the charge of breaking and entering with commission of an aggravated assault. The application judge held that s. 33.1 infringes both ss. 7 and 11(d) of the Canadian Charter of Rights and Freedoms, and declared s. 33.1 to be of no force or effect. The trial judge accepted expert evidence that the appellant was in a state of automatism at the time of the offences, and acquitted him of all charges. The Crown appealed, and the Court of Appeal for Alberta allowed the appeal, set aside the declaration of invalidity, set aside the acquittal on the charge of breaking and entering with commission of an aggravated assault, and entered a conviction on the lesser and included offence of aggravated assault.
Keywords
Constitutional law - Canadian charter (Criminal) - Constitutional law - Charter of Rights and Freedoms - Defence of non-mental disorder automatism not available if accused’s state of automatism due to self-induced intoxication pursuant to s. 33.1 of Criminal Code, R.S.C. 1985, c. C-46 - Whether s. 33.1 infringes ss. 7 or 11(d) of the Charter - If so, whether the infringement justified under s. 1 of the Charter.
Notes
(Alberta) (Criminal) (As of Right)
Disclaimers
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