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
'Nonsense:' Doug Ford slams lawsuits filed by Ontario school boards against social media platforms
Premier Doug Ford says that lawsuits launched by four Ontario school boards against a trio of social media platforms are “nonsense” and risk becoming a distraction to the work that really matters.
Several flight attendants from Pakistan have gone missing after landing in Canada
Multiple flight attendants from Pakistan International Airlines have abandoned their jobs and are believed to have sought asylum in Canada in the past year and a half, a spokesperson for the government-owned airline says.
Tipping is off the table at this Toronto restaurant
A Toronto restaurant introduced a surprising new rule that reduced the cost of a meal and raised the salaries of staff.
Rainfall warnings of up to 90 mm among weather alerts in effect for 7 provinces
Rainfall warnings of up to 90 millimetres, air quality advisories and other alerts have been issued for seven Canadian provinces, according to the latest forecasts.
Canada Post’s newest stamp features special cookies for Islamic holiday
Canada Post’s newest specialty stamps feature “melt-in-your-mouth” desserts to mark two Islamic festivals, the crown corporation announced Thursday.
King Charles calls for acts of friendship in first public remarks since Kate's cancer diagnosis
King Charles III gave public remarks for Maundy Thursday, addressing the importance of acts of friendship, following his and Catherine, Princess of Wales’ cancer diagnoses.
A dog and a bird formed an unlikely friendship. Their separation has infuriated followers
Peggy is a stout and muscular Staffordshire bull terrier, and Molly is a magpie, an Australian bird best known for swooping on humans during breeding season, not for befriending dogs. But in an emotional video posted online, Peggy’s owners announced that the animals had been separated.
Statistics Canada reports real GDP up 0.6 per cent in January as Quebec strikes end
Canada's real gross domestic product grew 0.6 per cent in January, helped by the end of public sector strikes in Quebec in November and December, Statistics Canada said Thursday.
Ukrainian child asylum seekers in St. John’s get class of their own
Roughly 50 children will gathered in a St. John’s classroom for the first time on Saturday for unique lessons on Ukrainian language, culture and history.