Marie-Eve Magoon v. Her Majesty the Queen
(Alberta) (Criminal) (As of Right / By Leave)
(Publication ban in case)
Criminal law - Elements of offence, Evidence, Admissibility - Criminal law - Appeals - Jurisdiction - Murder - Elements of offence - Constructive first degree murder - Confinement - Evidence - Admissibility - Whether the Court of Appeal had jurisdiction to hear the Crown appeal seeking a conviction for first degree murder - Whether the Court of Appeal erred in entering a first degree murder conviction - Whether the trial judge erred in law in finding the appellant had the necessary intent for murder - Whether the Mr. Big confession evidence was admissible against the appellant.
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The appellant, Marie-Eve Magoon, and her common-law partner, Spencer Lee Jordan, were charged with first degree murder following the death of Mr. Jordan’s six-year-old daughter, Meika Jordan. Meika died in hospital on November 14, 2011 as a result of severe injuries suffered while in the custody of Ms. Magoon and Mr. Jordan, which included a laceration to her pancreas, a tear of the liver, a subdural hematoma and cerebral swelling resulting from at least five serious blows to the head, extensive bruising all over her body, matted and broken hair with clumps missing, and a significant burn on her hand. At trial, inculpatory evidence led by the Crown included statements made by Mr. Jordan and Ms. Magoon during a “Mr. Big” operation. The accused were found guilty of second degree murder. The Crown appealed, seeking first degree murder convictions. Both accused also appealed their convictions. The Court of Appeal dismissed the appeals by the accused and allowed the Crown’s appeal, entering verdicts of first degree murder for both accused.
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