DEFENCES - Provocation

Law360 Canada (September 20, 2022, 6:02 AM EDT) -- Appeal by Barrett from his conviction for second degree murder. Barrett and his romantic partner, Novak, lived together in a rooming house in Barrie. The deceased, Segota, lived next door. In the early morning hours of February 15, 2015, Barrett and Segota got into a fight. Barrett stabbed Segota 22 times and Segota died as a result. Barrett claimed that he acted in self-defence. At the pre-charge conference, his counsel asked the trial judge to provide the jury with an instruction on the partial defence of provocation as provocation was an alternative defence theory. The trial judge declined to do so as she found there was no air of reality to the defence of provocation. The jury found Barrett guilty of second degree murder. Barrett took the position that the Crown’s closing remarks resulted in a miscarriage of justice and that the trial judge erred in instructing the jury on how to use Novak’s prior inconsistent statements. Barrett further submitted that the trial judge erred in refusing to leave the defence of provocation with the jury....
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