The Appellant, Daniel Hodgson, was charged with second-degree murder following a death at a house party. The victim, a large man, had become aggressive towards the house owner and refused to leave. Mr. Hodgson, who was asleep in a nearby bedroom, was asked by a guest to help remove the victim from the house. The victim died after Mr. Hodgson applied a one-arm choke hold on him.Mr. Hodgson was acquitted at trial in the Nunavut Court of Justice. The trial judge had reasonable doubt as to whether Mr. Hodgson had the requisite intent for murder. On the lesser included offence of manslaughter, the Court held that the Crown had not disproven beyond a reasonable doubt that Mr. Hodgson acted in self-defence, pursuant to s. 34 of the Criminal Code. The Crown appealed to the Nunavut Court of Appeal, who set aside the acquittal and ordered a new trial. The Court of Appeal agreed with the Crown’s submission that the trial judge improperly took a solely subjective approach to assessing Mr. Hodgson’s response to the perceived threat posed by the victim.Mr. Hodgson sought leave to appeal to the Supreme Court of Canada, which was granted. Mr. Hogson argues, among other grounds of appeal, that the Court of Appeal erred in concluding that the trial judge erroneously approached the issue of the reasonableness of his response under s. 34(2)(c) from a purely subjective perspective.

Ask this episode

“What did the council decide on item 42?” — answered with the speaker and the moment.

Transcript

Related