Vote counting controversy resolved in court, an acquittal on an attempted murder charge, and alleging perjury results in special costs

This week on legally speaking with Michael Mulligan:

While attempting to count ballots cast for the election of a board of directors for the Shon Yee Benevolent Association things went sideways when water spilled on a table during the vote count. 

Once this was cleaned up it was unclear whether a disputed ballot had been included in a count on a whiteboard, or where the ballot had been put. 

Various other ballots had been marked in unusual ways, including a mixture of tick marks, crosses, and in one case the number 11. 

Following a break for dinner, it was determined that the ballot box containing the disputed ballots had been unsealed by someone unknown, preventing a reliable recount. 

After two years of not having a board of directors, the matter was finally resolved by the BC Supreme Court. 

The series of unfortunate events that propelled the vote count into court should be a cautionary take for the counting of ballots in general elections. 

Also discussed was a case involving a man who shot a police officer in the hand and arm before running away in a Skytrain station. The man was charged with various firearms offences, which were not contested. A charge of attempted murder was, however, an issue. 

The essence of any charge of attempting to commit a crime is that the accused must have the intention to commit that very crime. A person may be convicted of murder who either intends to kill another person or who in the words of section 232(a)(ii) of the Criminal Code, “means to cause him bodily harm that he knows is likely to cause his death and is reckless whether death ensues or not”. But, an accused may only be convicted of attempted murder if it is proven that he intended to cause the death of the other person. 

If someone points a handgun at a vital part of another person’s body and shoots the person, it may be reasonable to presume that they intended the probable consequences of their actions. This does not, however, mean that in every circumstance where one person shoots another with a firearm, the shooter is guilty of attempted murder.

On the facts of the case discussed, the judge had a doubt about whether the accused actually intended to kill the police officer. The judge took into account several pieces of evidence, including the testimony of the accused. Other factors included where the police officer was shot, and that the accused did not shoot the officer again after when running past him despite having had the opportunity to do so. 

Finally, a Court of Appeal decision concerning an estate dispute is discussed. The appellant alleged the other party committed perjury but did not have evidence to support this claim. Making such a serious allegation, repeatedly, without evidence, was determined to be reprehensible conduct and the court awarded increased, or special, costs against the unsuccessful appellant.

Follow this link for a transcript of the episode and links to the cases discussed.