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Criminal law - Intoxication - Charge to the jury - Whether the charge to the jury was erroneous in law due to the failure to review the material evidence, including failing to review the evidence as it relates to the meaning of a planned and deliberate murder and failing to review the material evidence on intoxication - Whether the charge to the jury was erroneous in law regarding the intoxication defence and specifically that it effectively reversed the burden on the intoxication defence, confused the “capacity” to plan and deliberate with “actual” planning and deliberation, and confused “capacity” to form intent with intention in “fact”.

The victim, Jordena Baptiste, had been spending time with Dennis Wildman. Wildman had been going out with Glenna Goodstoney. Goodstoney was upset about Baptiste and Wildman’s relationship and, on August 9, 2003, attacked Baptiste. The next day, on August 10, Goodstoney, Wildman, Baptiste and Roseanne Turningrobe, the Appellant, were at a party at the Wildman residence. Goodstoney again attacked Baptiste, but the fight was broken up. Turningrobe, who was 18 years of age at the time, drank alcohol during the day of and at the party. Goodstoney asked Turningrobe to attack Baptiste and later asked her to kill Baptiste. In her videotaped statement to the police, Turningrobe said she was encouraged by Goodstoney who said, “I’ll respect you and stuff.” Turningrobe then stated, “I don’t know I just ended up doing it.”

Turningrobe obtained a knife from the kitchen in the Wildman residence, showed it to some of the other young women at the party and stated that she was “going to stab her” (i.e., Baptiste). Witnesses estimated she had the knife for 10 to 15 minutes before the attack on Baptiste. Upon leaving the party, Baptiste and Wildman were followed by Goodstoney and Turningrobe. While Goodstoney prevented Wildman from interfering, Turningrobe ran after and caught up with Baptiste, and stabbed her 15 times. The Appellant was convicted by a jury of first degree murder. On appeal, the appeal was dismissed. Fraser C.J.A., dissenting, would have allowed the appeal on the basis that the charge to the jury was erroneous in law due to the failure to review the material evidence and regarding the intoxication defence.