R v Rasberry, 2017 ABCA 135 per Rowbotham, Schutz, Greckol, JA – T. Judge: Hall, J:


Accused was originally charged with second degree murder. Convicted at trial of manslaughter on the basis of provocation. Self-defence claim rejected at trial. Crown and defence appeals. Accused and victim were middle-aged men who had recently become neighbours. After a night of heavy drinking, the victim grabbed the accused and threatened to rape him and his wife. Accused grabbed a knife and stabbed the victim 23 times, as well as inflicting 14 incised wounds (three knives were used).

Held: Appeals dismissed.

As per s. 34 CC, the accused reasonably believed that a threat of force was being used against him and his wife, and responded to that threat. However, the extent of the response was not objectively reasonable in the circumstances. Trial judge did not err in finding that there was not evidence raising a reasonable doubt as to “why so many wounds in so many places, using three knives, had to be inflicted.”

H. Wolch – Defence Counsel