Summary

40730

James McCullough v. His Majesty the King

(Ontario) (Criminal) (By Leave)

Keywords

Criminal law — Evidence — After-the-fact conduct — Whether the trial judge properly instructed the jury on the applicant’s after-the-fact conduct and discreditable conduct evidence —Whether the Court of Appeal erred in law?

Summary

Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.

The applicant admitted to stabbing the victim and dismembering the victim’s body. The applicant testified that the stabbing was a reaction to an unexpected sexual advance and it was not planned or deliberate. The trial judge admitted evidence of rap lyrics by the applicant and statements to a psychiatric nurse suggesting a desire to commit cannibalism. The Crown referred to the applicant’s post-offence conduct of dismembering the victim, cleaning the hotel room, attempting to dispose of the body, lying to the police and remaining calm the day after. After a trial by judge and jury, the applicant was convicted of first-degree murder and committing an indignity to a human body. The conviction appeal was dismissed.

Lower Court Rulings

April 25, 2016
Ontario Superior Court of Justice

11653
Convictions entered: first-degree murder and committing an indignity to a human body
February 3, 2021
Court of Appeal for Ontario

2021 ONCA 71, C63642
Appeal dismissed