Nov 25, 2014

R v Nygaard Case Brief

R. v. Nygaard, [1989] 2 SCR 1074

Facts: Two accused planned and beat the victim with baseball bats in relation to a relatively minor dispute over money and property. The victim died.

Ratio: Murder may be classified as first-degree murder on the basis of the secondary intent (reckless killing) in s.229(a)(ii).

Reasons: The planning and deliberation may be coupled with the MR requirement of s.229(a)(ii) and first degree murder can be sustained by virtue of the combined operation of s.231(2) and s.229(a)(ii)

Notes: The vital element of the requisite intent is that of causing such bodily harm that the perpetrator knows that it is likely to cause death and yet persists in the assault. The planning and deliberation to cause the bodily harm, which is likely to be fatal, must of necessity include the planning and deliberating to continue and to persist in that conduct despite the knowledge of the risk.