The Supreme Court of Canada has just released its decision for the R v Brown Case, which relates to punishment of individuals with extreme intoxication for their actions.
CALGARY, AB, May 14, 2022 /PRNewswire-PRWeb/ -- Sean Fagan, representing Matthew Brown as the defence lawyer, has successfully defended his client in the controversial R v Brown case (39781). The just released ruling by the Supreme Court of Canada is a landmark judgment related to the use of self-induced extreme intoxication as a defence against violent interpersonal offences under section 33.1 of the Criminal Code of Canada.
In Canada, intoxication was not considered a viable defence in criminal case. However, in 1994, the Supreme Court tweaked this rule saying that the accused can be acquitted if he or she can prove extreme intoxication amounting to an absence of awareness. As a result of public reaction to the decision, section 33.1 was added to the Criminal Code, which holds that self-induced extreme intoxication cannot be used as a defence to violent interpersonal offences.
Matthew Brown was arrested after an alleged assault on Janet Hamnett in a state of extreme intoxication. He was acquitted by the Alberta Court of Queen's Bench as his actions were the result of extreme intoxication leading to a state of insanity or automatism. However, later on, this decision was overturned by an Alberta Court of Appeal as per section 33.1.
According to the Canadian Charter of Rights and Freedoms, Canada's criminal laws can only punish those who intend their actions and no unintended or involuntary act can be criminalized. Naturally, the R v Brown case quickly turned into a major constitutional concern.
As the defence lawyer, Sean Fagan was successful at establishing this defence at Matthew Brown's trial. Later on, the case moved to the Supreme Court of a Canada for a final decision. According to the just announced ruling by the Supreme Court, denying defence for self-induced extreme intoxication under section 33.1 of the Criminal Code of Canada is unconstitutional.
It is important to note that the ruling will not change the law related to normal levels of intoxication and only deals with extreme intoxication causing loss of voluntary control over actions.
About Sean Fagan: Sean Fagan is a criminal defence lawyer based in Calgary, Alberta. He defends all criminal charges, from assault and theft to drug conspiracies and murder. Although Sean Fagan practices out of Calgary, AB, his clients have retained him to successfully defend charges in Criminal Courts across Canada - from Victoria, British Columbia to St. John's, Newfoundland.
Media Contact
Sean Fagan, Sean Fagan Criminal Defence, 1 (403) 517-1777 Ext: 2, [email protected]
SOURCE Sean Fagan Criminal Defence
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