Appeal from jury conviction on charge of manslaughter. Accused acquitted of murder. Shooting death. Primary issues at trial being accident and/or intoxication. Appellant argued that jury ought to have been told intoxication could be a defence to manslaughter, “… while intoxication cannot negate intent, it can be taken into consideration in determining whether intoxication could have affected the physical elements of the shooting”, ie: the actus reus.
Held: Appeal dismissed.
Appeal answered by s. 33.1 CC. “It is not a defence to unlawful act manslaughter that the accused, by reason of self-induced intoxication, lacked the general intent or the voluntariness required to commit the offence, where the accused departed markedly from the standard of care.”
J. Butlin, B. Miller, Defence Counsel