Tasia M. Natewayes v. Her Majesty the Queen

(Saskatchewan) (Criminal) (As of Right)


Criminal law - Offences, Elements of offence.


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Criminal law — Offences — Elements of offence — Parties to offence — Section 21 of the Criminal Code — Whether the convictions are based upon illogical reasoning with regards to material parts of the evidence resulting in unreasonable verdicts — Whether there was a misapprehension of the evidence resulting in a miscarriage of justice — Whether the Courts below erred by reviewing the facts and concluding that the outcome was foreseeable based upon the outcome — Whether the Courts below erred in finding that because the offence occurred, it was, ipso facto, foreseeable, when the events which occurred were not the only foreseeable outcome and that the conviction was entered in error as a result.

The applicant was charged with manslaughter in connection with a stabbing death that occurred during the course of a home invasion. Five armed intruders broke into a house because Cory Vandall and the applicant’s boyfriend were feuding over a drug debt. The intruders intended to assault Cory Vandall and did so, but they also killed Dakota Nayneecassum. The applicant participated in the crime by driving the intruders to and away from the crime scene. The trial judge acquitted the applicant of manslaughter but convicted her of break and enter for the purpose of committing an indictable offence. The Court of Appeal allowed the respondent’s appeal and dismissed the applicant’s appeal. The applicant was convicted of manslaughter.