Case information

None.

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.

Criminal law – Charge to jury – Post offence conduct – Defences – Intoxication – Whether trial judge erred in his charge to jury concerning use of evidence of applicant’s post offence conduct – Whether trial judge erred in his charge concerning defence of intoxication and its impact on planning and deliberation – Application of R. v. White, 2011 SCC 13, [2011] 1 S.C.R. 433.

The applicant Mr. Lortie was convicted of first degree murder. While under the influence of cocaine, he had stabbed his spouse before turning the weapon on himself. At trial, he admitted causing his spouse’s death but denied having the specific intent required for a murder charge given his state of intoxication. The Crown argued that Mr. Lortie had suspected his spouse of having a lover and had planned his crime. On appeal, Mr. Lortie raised two grounds of appeal. First, he criticized the trial judge for not cautioning the jury about the lack of probative value of his post offence conduct, that is, his suicide attempt, in the determination of his level of culpability. He also criticized the judge for not instructing the jury that a degree of intoxication not high enough to negate the capacity to form specific intent could still be sufficient to neutralize the evidence of planning and deliberation. The Court of Appeal dismissed the appeal.