Appeal Court convicts Calgary man who attacked woman while he was high on mushrooms
Alberta's Appeal Court has ordered a Calgary man be convicted for breaking into a professor's house and assaulting her while he was naked and high on magic mushrooms.
Last year, a judge found Matthew Brown not guilty of two counts of break and enter --- one with the intent to commit aggravated assault and the other to commit mischief.
Court heard that the former captain of the men's hockey team at Mount Royal University in Calgary ate magic mushrooms at a house party in January 2018.
He then broke into the home of professor Janet Hamnett and hit her with a broom handle.
The original trial judge had ruled that evidence supported the defence argument that Brown had experienced automatism and was not in control of his actions.
The Appeal Court reversed the decision by Court of Queen's Bench Justice Michele Hollins and concluded Brown is guilty of aggravated assault and is to return to court for sentencing.
One of the court's three judges, Justice Ritu Khullar, noted that, in 1995, Parliament debated the defence of self-induced intoxication automatism in crimes of violence.
She said Parliament agreed that the voluntary consumption of drugs is reckless behaviour and that people have to be accountable for the unintended consequences of their actions.
“In this case, holding the appellant accountable for his violent attack against Ms. Hamnett is an important step in recognizing Ms. Hamnett's self-worth and dignity,” Khullar wrote.
“It is demonstrably justifiable to hold persons like the respondent accountable for their decisions to consume substances known to affect human behaviour,” Justice Frans Slatter added.
This report by The Canadian Press was first published July 29, 2021.
CTVNews.ca Top Stories
Grandparent scam: London, Ont., senior beats fraudsters not once, but twice
It was a typical Tuesday for Mabel Beharrell, 84, until she got the call that would turn her world upside down. Her teenaged grandson was in trouble and needed her help.
Deaths of 4 people on Sask. farm confirmed as murder-suicide
The deaths of four people on a farm near the Saskatchewan village of Neudorf have been confirmed a murder-suicide.
George Washington family secrets revealed by DNA from unmarked 19th century graves
Genetic analysis has shed light on a long-standing mystery surrounding the fates of U.S. President George Washington's younger brother Samuel and his kin.
Bus plunges off a bridge in South Africa, killing 45 people. An 8-year-old child is only survivor
A bus carrying worshippers headed to an Easter festival plunged off a bridge on a mountain pass and burst into flames in South Africa on Thursday, killing at least 45 people, authorities said.
Why some Christians are angry about Trump's 'God Bless the USA' Bible
Former U.S. President Donald Trump is officially selling a copy of the Bible themed to Lee Greenwood’s famous song, 'God Bless the USA.' But the concept of a Bible covered in the American flag has raised concern among religious circles.
Sunshine list: These were the Ontario public sector's highest earners in 2023
Ontario released its annual sunshine list Thursday afternoon, noting that the largest year-over-year increases were in hospitals, municipalities, and post-secondary sectors.
Calgary bridges remain closed due to ongoing police incident
Calgary police have shut down a number of bridges into and out of the downtown core as officers deal with a distraught individual.
Kinew, Poilievre meet at Manitoba legislature, discuss each other's priorities
Premier Wab Kinew and federal Conservative Leader Pierre Poilievre met at the Manitoba legislature Thursday afternoon.
Rainfall warnings of up to 80 mm among weather alerts in effect for 6 provinces
Rainfall warnings of up to 90 millimetres and other alerts have been issued for six Canadian provinces, according to the latest forecasts.