Summary

37170

Jamie Gregory v. Her Majesty the Queen

(Nova Scotia) (Criminal) (By Leave)

Keywords

None.

Summary

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Criminal Law – Appeal – Leave to Appeal – Whether applicant raises a legal issue – Whether issue is of public importance.

Mr. Gregory was convicted of second degree murder for killing a bartender at a Legion. He and the bartender argued when the bartender asked him to leave the premises. The bartender shoved Mr. Gregory off a stool. Mr. Gregory punched the bartender in the head, delivered further punches, and struck the bartender in the head three times with a fire extinguisher. At trial, defence counsel raised a defence of provocation. Neither defence counsel nor the trial judge addressed whether Mr. Gregory was incapable of forming the mens rea required to convict for murder because of intoxication.

Lower Court Rulings

July 31, 2008
Supreme Court of Nova Scotia, Trial Division

CRAD 280602
Conviction: second degree murder
September 13, 2013
Nova Scotia Court of Appeal

CAC 300542, 2013 NSCA 102
Appeal dismissed
 

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