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
How quietly promised law changes in the 2024 federal budget could impact your day-to-day life
The 2024 federal budget released last week includes numerous big spending promises that have garnered headlines. But, tucked into the 416-page document are also series of smaller items, such as promising to amend the law regarding infant formula and to force banks to label government rebates, that you may have missed.
Which foods have the most plastics? You may be surprised
'How much plastic will you have for dinner, sir? And you, ma'am?' While that may seem like a line from a satirical skit on Saturday Night Live, research is showing it's much too close to reality.
opinion I've been a criminal attorney for decades. Here's what I think about the case against Trump
Joey Jackson, a criminal defence attorney and a legal analyst for CNN, outlines what he thinks about the criminal case against Donald Trump in the 'hush money trial.'
$3.8M home in B.C.'s Okanagan has steel shell for extra wildfire protection
A home in B.C.'s Okanagan that features a weathering steel shell designed to provide some protection against wildfires has been listed for sale at $3.8 million.
Diver pinned under water by an alligator figured he had choice. Lose his arm or lose his life
An alligator attacked a diver on April 15 as he surfaced from his dive, nearly out of air. His tank emptied with the gator's jaws crushing the arm he put up in defence.
Psychologist becomes first person in Peru to die by euthanasia after fighting in court for years
A Peruvian psychologist who suffered from an incurable disease that weakened her muscles and had her confined to her bed for several years, died by euthanasia, her lawyer said Monday, becoming the first person in the country to obtain the right to die with medical assistance.
Mystery surrounds giant custom Canucks jerseys worn by Lions Gate Bridge statues
The giant stone statues guarding the Lions Gate Bridge have been dressed in custom Vancouver Canucks jerseys as the NHL playoffs get underway.
Celebrity designer sentenced to 18 months in prison for smuggling crocodile handbags
A leading fashion designer whose accessories were used by celebrities from Britney Spears to the cast of the 'Sex and the City' TV series was sentenced Monday to 18 months in prison after pleading guilty in Miami federal court on charges of smuggling crocodile handbags from her native Colombia.
Wildfire leads to evacuation order issued for northeast Alberta community
An evacuation order was issued on Monday afternoon for homes in the area of Cold Lake First Nation.