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Conviction upheld despite judge's error

Thursday, December 08, 2016 @ 7:00 PM | By John Schofield

The British Columbia Court of Appeal has upheld the second-degree murder conviction of a Vancouver-area man who used the defence of mistake of fact to argue that he thought he was helping his wife commit suicide when he strangled and stabbed her.

In a unanimous decision in R. v. Elton 2016 BCCA 440, Appeal Court Justice Gail Dickson wrote that B.C. Supreme Court Justice John D. Truscott misinterpreted the defence of mistake of fact during the 2012 trial of Thomas Elton, but the error had no...