← Cases

R. v. Knight; R. v. Hay

2003 SCC 15 [2003] 1 SCR 156 Court SCC Decision date 2003-03-20 Docket 29331, 29332 English

PartiesHer Majesty The Queen Appellant·James David Knight Respondent·Robert Merlin Hay Respondent

Judges McLachlin, Beverley; Gonthier, Charles Doherty; Binnie, William Ian Corneil; Arbour, Louise; LeBel, Louis

Delivered by Arbour J.

On appeal from Alberta

Subjects Criminal law

Contents

Arbour J.

Arbour J. — These are appeals as of right, involving the issue of whether a verdict for manslaughter was unreasonable.
We agree with Paperny J.A. that it was open to the trial judge to conclude as he did that the severe assaults by the respondents caused the death of the victim. It is therefore not necessary in our view to reach any conclusion as to whether leaving the victim unconscious and unclothed by the railway tracks was a contributing cause of death.
The appeals are allowed. The judgment of the Alberta Court of Appeal is set aside and the convictions and sentences entered by Foster J. of the Alberta Court of Queen’s Bench are restored.