Canada’s Supreme Court rules being DRUNK is defense for sex attacks and killing

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Sexual assault suspects can use extreme intoxication as a defense, Canada’s highest court has said in a stunning ruling.

The Supreme Court said today that suspects charged with violent crimes can use self-induced extreme intoxication as a defense.

It ruled that a law passed by parliament in 1995 banning the defense is unconstitutional and in violation of the country’s Charter of Rights and Freedoms.

Judges ruled Friday in three cases — two of which were acquitted and one with a retrial — for crimes committed while intoxicated.

The move has repealed the federal law, which has been fervently supported by women’s advocacy groups.

Supreme Court Justice Nicholas Kasirer said: “Its impact on the principles of fundamental justice is disproportionate to the overarching public benefits. It must therefore be declared unconstitutional and have no force or effect.’

Matthew Brown of Calgary was charged with burglary and aggravated assault after the 2018 attack on Janet Hamnett left her with broken hands

Matthew Brown of Calgary was charged with burglary and aggravated assault after the 2018 attack on Janet Hamnett left her with broken hands

He had taken about 2.5 ounces of magic mushrooms and about 12-14 ounces of vodka before the incident, as well as a few beers.  In the photo: her hand after the attack

He had taken about 2.5 ounces of magic mushrooms and about 12-14 ounces of vodka before the incident, as well as a few beers.  In the photo: her hand after the attack

He had taken about 2.5 ounces of magic mushrooms and about 12-14 ounces of vodka before the incident, as well as a few beers.  In the photo: her hand after the attack

He had taken about 2.5 ounces of magic mushrooms and about 12-14 ounces of vodka before the incident, as well as a few beers.  In the photo: her hand after the attack

He had taken about 2.5 ounces of magic mushrooms and about 12-14 ounces of vodka before the incident, as well as a few beers. In the photo: her hand after the attack

A 19-year-old college student, Thomas Chan took magic mushrooms in 2015 before stabbing his father and injuring her partner in Peterborough, Ontario

A 19-year-old college student, Thomas Chan took magic mushrooms in 2015 before stabbing his father and injuring her partner in Peterborough, Ontario

A 19-year-old college student, Thomas Chan took magic mushrooms in 2015 before stabbing his father and injuring her partner in Peterborough, Ontario

Supreme Court acquits two men for assault while high and orders a new trial for student who killed his father

Broke a woman’s hands while sitting on mushrooms

Matthew Brown of Calgary was charged with burglary and aggravated assault after the 2018 attack on Janet Hamnett left her with broken hands.

He had taken about 2.5 ounces of magic mushrooms and about 12-14 ounces of vodka before the incident, as well as a few beers.

He attacked the professor with a broomstick after breaking into her house while naked and high on mushrooms.

The court reversed his acquittal today.

Student, 19, stabs his father to death while high on mushrooms

A 19-year-old college student, Thomas Chan took magic mushrooms in 2015 before stabbing his father to death and injuring her partner in Peterborough, Ontario.

Chan’s representative Matthew Gourlay said in October that the Crown had not presented a convincing argument that Chan is a criminal.

He said: ‘Our client, Thomas Chan, did something terrible when he was not in his right mind – but not every tragedy has a villain. In our case, the Crown has never been able to articulate why Thomas Chan in particular should be convicted and punished as a criminal.’

The judge ordered a new trial today.

Tried to commit suicide but stabbed his mother after thinking she was ABROAD while taking Wellbutrin

in 2013, David Sullivan, of Whitby, Ontario, attempted suicide by ingesting Wellbutrin but stabbed his mother, who later died of an unrelated heart attack.

Stephanie DiGiuseppe, the attorney representing Sullivan, previously said he could not have foreseen the damage his suicide attempt would cause.

She said: ‘Intentional violence and unintentional violence are not the same.

“If someone were to hit someone else with their vehicle, it would be almost laughable to go up to that person and say, ‘We’re going to charge you with assault.’

His acquittal was confirmed by the court today.

The question was whether suspects charged in criminal courts with a violent crime could use extreme intoxication, known as ‘automatism of non-mental disorders’, as a defense.

They can claim that their actions were involuntary as a result of the use of drugs or alcohol, and as a result, they cannot be held criminally responsible for their actions.

The court said it is law in Canada that, other than automatism, intoxication is not a defense against the type of violent crime at issue.

Canadian courts are divided on the issue, while women’s advocacy groups have argued that the law is needed to protect women and children.

Four out of five victims of intimate partner violence were women, and they were five times more likely to experience sexual violence in 2019, government data shows.

In 1994, the court ruled in favor of an extreme intoxication defense by a defendant accused of sexually abusing a woman in a wheelchair while intoxicated.

In response to the ruling, Canada’s parliament passed a law prohibiting defendants from using extreme intoxication as a defense in violent crime cases.

The court today reversed the acquittal of a man who assaulted a professor with a broomstick after breaking into her house naked and high on mushrooms.

Matthew Brown of Calgary was charged with burglary and aggravated assault after the 2018 attack on Janet Hamnett left her with broken hands.

He had taken about 2.5 ounces of magic mushrooms and about 12-14 ounces of vodka before the incident, as well as a few beers.

Hamnett told CBC“While I am very disappointed with this decision, it is not about me at this stage.

“The most important thing to consider is that this is negatively impacting victims of aggravated assault across Canada – some of whom are no longer with us because they died as a result of their assaults.”

Brown’s case was one of three related to the defense against extreme drunkenness heard in the Supreme Court on Friday, which also included hearing Thomas Chan and David Sullivan.

As a 19-year-old college student, Chan took magic mushrooms in 2015 before stabbing his father and injuring her partner in Peterborough, Ontario.

Meanwhile, Sullivan, of Whitby, attempted suicide in 2013 by ingesting Wellbutrin, but stabbed his mother, who later died of an unrelated heart attack, because he thought she was an alien.

They were both convicted, but the Ontario Court of Appeal overturned the decision and the appeal went to the Supreme Court.

The court today confirmed Sullivan’s acquittal and ordered a new trial for Chan.

Brown's case was one of three related to the defense against extreme drunkenness heard in the Supreme Court on Friday, which also included hearing Thomas Chan and David Sullivan.  Pictured: Hamnett

Brown's case was one of three related to the defense against extreme drunkenness heard in the Supreme Court on Friday, which also included hearing Thomas Chan and David Sullivan.  Pictured: Hamnett

Brown’s case was one of three related to the defense against extreme drunkenness heard in the Supreme Court on Friday, which also included hearing Thomas Chan and David Sullivan. Pictured: Hamnett

Justice Nicholas Kasirer said the Criminal Code to prevent automatic defense violates the Charter of Rights and Freedoms.

He said an intention to get drunk was not the intention to commit an offense and the Crown must prove that the person meant the attack.

The court urged Parliament to introduce legislation to help victims of crime caused by extremely intoxicated people.

It said that “protecting the victims of violent crime – particularly in light of the equality and dignity of women and children vulnerable to intoxicated sexual and domestic acts – is an urgent and substantial societal goal.”

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