R. v. Knight; R. v. Hay, 2003 SCC 15, [2003] 1 SCR 156

R. v. Knight; R. v. Hay, [2003] 1 S.C.R. 156, 2003 SCC 15

Her Majesty The Queen                                                                                  Appellant

v.

James David Knight                                                                                      Respondent

and between

Her Majesty The Queen                                                                                  Appellant

v.

Robert Merlin Hay                                                                                       Respondent

Indexed as:  R. v. Knight; R. v. Hay

Neutral citation:  2003 SCC 15.

File No.:  29331, 29332.

2003:  March 20.

Present:  McLachlin C.J. and Gonthier, Binnie, Arbour and LeBel JJ.

on appeal from the court of appeal for alberta

Criminal law — Manslaughter — Causation — Victim assaulted twice in a 24‑hour period — Accused not involved in first assault — Trial judge concluding that severe assault by accused caused victim’s death — Verdict of manslaughter reasonable.

APPEALS from a judgment of the Alberta Court of Appeal (2002), 312 A.R. 106, 281 W.A.C. 106, 6 C.R. (6th) 394, [2002] A.J. No. 1022 (QL), 2002 ABCA 191, allowing the accused’s appeal from a judgment of Foster J. (2001), 288 A.R. 128, [2001] A.J. No. 392 (QL), 2001 ABQB 247, convicting the accused of  manslaughter.  Appeals allowed.

James A. Bowron, for the appellant.

F. Kirk MacDonald, for the respondent Knight.

Laura K. Stevens, for the respondent Hay.

The judgment of the Court was delivered orally by

1                                   Arbour J. — These are appeals as of right, involving the issue of whether a verdict for manslaughter was unreasonable.

2                                   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.

3                                   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.

Judgment accordingly.

Solicitor for the appellant:  Alberta Justice, Edmonton.

Solicitors for the respondent Knight:  Pringle & Associates, Edmonton.

Solicitors for the respondent Hay:  Anderson, Dawson, Knisely, Stevens & Shaigec, Edmonton.