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A Defence lawyer's perspective on issues in criminal law
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Death facts a mystery
Posted in HOMICIDE, Tagged News ClippingsNovember 11, 2006
The circumstances surrounding the unlawful death of [a] Calgarian remain shrouded in mystery, a judge lamented yesterday.
Queen’s Bench Justice John Rooke said he is unable to determine crucial facts upon which a jury found [the accused] killer guilty of manslaughter. Prosecutor Gary Cornfield and defence counsel David Chow had asked Rooke to make certain findings before they provided sentencing submissions in the case. [the accused] was convicted by a jury in June of manslaughter in the Oct. 12, 2005, meat-cleaver death of [the victim], 18, inside the killer’s home.
Jurors, who rejected self-defence claims, ruled [the accused] didn’t intend to kill [the victim]. Chow and Cornfield asked Rooke to determine certain facts - such as whether [the accused] claim [the victim] had the meat cleaver first were proven.
Rooke said it wasn’t clear whether jurors ruled [the accused] simply used excessive force in repelling an attack by [the accused], or settled on manslaughter for other reasons. Chow said without specifics the court should give his client the benefit of the doubt on disputed facts.
Sentencing submissions are set for Dec. 4.
By: Kevin Martin
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