Bain declared fit to stand trial
Richard Henry Bain has been declared fit to stand trial on charges connected with the attack on the PQ election victory party at the Metropolis on September 4.
Point of legal curiosity: Bain is being charged with premeditated murder in the death of stagehand Denis Blanchette. I always assumed premeditated murder meant that you planned the killing of a specific person and then carried it out. But I must be mistaken.
John 08:33 on 2013/01/29 Permalink
Kate, the added culpability relates to planning and deliberation with regard to the taking of a human life and not with regard to the identity of the victim.
Murder is in the first degree when “it” is planned and deliberate.
Under s. 212(b) of the Canadian Criminal Code, an intent to murder one person is sufficient mens rea (i.e., a person’s awareness of the fact that his or her conduct is criminal) even if, by accident or mistake, the accused kills another. Planning and deliberating the murder of the intended victim and killing by accident or mistake another person is sufficient to make the killing of the unintended victim planned and deliberate.
In Droste v. R., [1984] the Supreme Court of Canada said,
“Any other conclusion would, in my opinion, be logically ludicrous and absurd in its consequences. Parliament could hardly have intended to punish premeditated murder less severely where an accused kills a perfect stranger than it would otherwise punish an accused for the same premeditation if he had managed to kill his intended victim.”
Kate 09:57 on 2013/01/29 Permalink
Thank you!