APPEALS - Grounds - Misapprehension of or failure to consider evidence

By John Chunn (April 17, 2023, 9:15 AM EDT) -- Appeal by Pi from his conviction for second degree murder. Pi argued that the trial judge misapprehended his evidence and that of two experts who testified. M1, then seven years old, and her younger brother, were visiting Bor, their grandfather, at the time of his death. M1 was an eyewitness to the events. Video surveillance evidence showed Pi went to Bor’s residence three times. When he approached the door a final time, Pi was out of view for 16 minutes and left. M1 said her grandfather let a man with dark skin into the home. The man asked her grandfather for something and he did not have it. The man then stabbed her grandfather with a black folding knife and left. Weeks after the incident, Pi was committed under the Mental Health Act and was diagnosed with psychosis. Pi was arrested for the murder of Bor. Defence did not dispute that Pi stabbed Bor and inflicted the wounds that caused his death. The issue was whether the Crown had proven that Pi had the requisite intent for murder. Pi argued that he did not have the requisite intent for murder due to his mental state at the time, specifically psychosis and paranoia induced by methamphetamine use. He raised the defences of disturbance of the mind, as well as cumulative or rolled up effect including his perception of provocation or the need for self-defence, psychosis, drug use, alcohol or rage. The judge concluded the evidence clearly constituted proof of the specific intent necessary for second-degree murder. The judge found Pi guilty of second-degree murder....
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