2011 QCCA 752, 2011 QCCA 752
Opinion
Flores c. R. 2011 QCCA 752 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-10-004009-070 ( 500-01-004549-066 ) MINUTES OF THE HEARING DATE: April 13, 2011 CORAM: THE HONOURABLE PIERRE J. DALPHOND, J.A. NICOLE DUVAL HESLER, J.A. NICHOLAS KASIRER, J.A. APPELLANT(
S) ATTORNEY(
S) SACHA FLORES Mtre Clemente Monterosso MONTEROSSO GIROUX RESPONDENT(
S) ATTORNEY(
S) HER MAJESTY THE QUEEN Mtre Jacques Dagenais CRIMINAL AND PENAL PROSECUTING ATTORNEY ATTORNEY(
S) On appeal from a verdict pronounced on November 3, 2007 by a jury presided over by the Honourable Mr. Justice Fraser Martin of the Superior Court district of Montreal. NATURE OF THE APPEAL : VERDICT – SECOND DEGREE MURDER Clerk: MARC LEBLANC Court Room: PIERRE-BASILE-MIGNAULT HEARING 9 h 35 Beginning of the hearing. 9 h 35 Argument of Mtre Monterosso. 9 h 45 Argument of Mtre Dagenais. 9 h 46 Suspension of the hearing. 9 h 49 Resumption of the hearing. 9 h 50 Judgment rendered – see page 3. 9 h 51 The hearing is concluded. Marc Leblanc Clerk BY THE COURT JUDGMENT
[ 1 ] At the hearing on the appeal, Appellant insisted on his intoxicated condition at the time of the murder to argue that he was not capable of forming the required intent. However, the evidence on this point is thin, consisting mostly of his version of the quantities of alcohol which he had ingested prior to the attack. Furthermore, those quantities were described by him, during his testimony, as being vastly superior to what he declared to the police the day after the crime. [ 2 ] His memory of events remained quite clear, except for the period of the assault during which he said he experienced a blackout.
His demeanour was not that of an extremely inebriated individual. In short, the evidence was such as to allow the jury to conclude that Appellant was capable of forming the specific intent required and did form the specific intent of committing second degree murder. [ 3 ] In addition, we see no error in the trial judge's refusal to exclude his statements. [ 4 ] For these reasons, the appeal is dismissed. PIERRE J. DALPHOND, J.A. NICOLE DUVAL HESLER, J.A. NICHOLAS KASIRER, J.A.
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