Defence calls for manslaughter in Sydney death
The defence in a Cape Breton teen's murder case has asked the court to consider a charge of manslaughter.
Darlene MacRury admitted that the evidence implicates her client. She said he was severely intoxicated by drugs and alcohol though, and was caught up in the heat of passion, provoked by the knowledge that the victim, his girlfriend, had cheated on him three times.
MacRury argued that the teen's actions were not consistent with having formed the intent to murder. She said instead, they were the actions of someone who was out of control, and unable to form intent.
The victim had 104 stab wounds, from four different knives, one of which was broken off in her body. The accused testified earlier in the trial that he couldn't remember anything from the day of the killing, starting from the afternoon when he was doing drugs and drinking moonshine.
After the incident, the teen was found walking the street in shorts, with no shoes or shirt, in December. MacRury said that, coupled with the fact that he made no attempt to hide any evidence, indicates that he was not in his right state of mind.
That, she said, means he should be convicted of manslaughter, not second-degree murder.
Crown attorney Steve Drake took four hours to make his remarks.
He focused on the defendant's actions saying they show deliberate intent and mental control.
Drake said when the accused went to the bathroom halfway through the assault he could have calmed down.
The Crown said another display of his intent was when the defendant broke a knife in the victim's body and went to find another to continue stabbing her.
Jude Anne Derrick will render her verdict on Aug. 31.