B.C. court overturns man's murder conviction in New Westminster stabbing
Ryan Crossley had been sentenced to life in prison in death of 51-year-old Robert Powshuk
The B.C. Court of Appeal has overturned the second-degree murder conviction of a man who was sentenced to life in prison following a fatal stabbing in New Westminster, B.C.
Ryan Crossley was sentenced in April 2024 to life in prison with no eligibility for parole for 14 years after a jury found him guilty of second-degree murder in the death of Robert Powshuk on Nov. 19, 2021.
His brother, Curtis Crossley, pleaded guilty to manslaughter in August 2023, police said, and was sentenced to nine and a half years in prison.
But B.C.'s highest court has ordered a new trial for Ryan Crossley after finding that a lower court judge made an error instructing the jury on the "level of intoxication" Crossley was experiencing at the time of the stabbing.
In September 2023, a B.C. Supreme Court jury heard that both Crossley brothers had been consuming illicit drugs. Crossley's defence lawyers argued his intoxication should be considered when determining whether he intended to kill Powshuk.
A charge of second-degree murder means that the perpetrator either intended to kill their victim or meant to cause bodily harm that they knew could result in their death.
The appellate court found that the Supreme Court judge had instructed the jury incorrectly about intoxication and intent.
According to a judgment posted online on Monday, the lower court judge's "confusing and legally problematic instructions on a material issue" meant that the jury was not properly equipped to decide the case in September 2023.
"The defence of intoxication formed an integral part of the appellant's response to the prosecution for second degree murder, and trial fairness required that the defence be given meaningful consideration with reference to the proper legal framework," the Appeal Court judgment reads.
"That did not happen."
Bleeding heavily in coffee shop
Powshuk was discovered inside a Waves coffee shop on Columbia Street in New Westminster on Nov. 19, 2021, bleeding heavily from stab wounds.
According to the judgment, there was an argument between Powshuk and the Crossley brothers beforehand, which turned physical. There was evidence that all three men had been taking illicit drugs.
Surveillance footage showed "stabbing motions" by Ryan Crossley into Powshuk's abdomen, and Powshuk later died in hospital.
Crossley's lawyers argued his intoxication should be taken into account in assessing his culpability for second-degree murder.
They maintained that the idea he was in a state to have the intent to kill Powshuk was flawed, given his state of impairment.
If he was found to have caused the death, but had not formed the intent to kill, Crossley's defence argued the correct conviction would be the lesser charge of manslaughter instead.
"Ask yourselves was he in a state to be thinking clearly, to be appreciating the likely result of his conduct?" a defence lawyer is quoted as saying in the judgment.
Level of intoxication
In a criminal trial, Crown prosecutors have to prove their charge beyond a reasonable doubt, as an accused is considered innocent until proven guilty.
While the jury was deliberating the case, it asked the judge to "define the level of intoxication in regards to an accused['s] understanding of the consequences of his/her actions."
In response, the judge provided guidance, which included that they should be satisfied beyond a reasonable doubt that Crossley caused the death with the intent to kill.
"Let me just put it this way," the judge is quoted as saying. "You must consider whether the level of intoxication impacted Ryan Crossley's mind to such an extent that it caused him to lose control of his thoughts and actions."
This section of the guidance was the heart of the appeal, with Crossley's defence counsel arguing the jury was misled.
In ordering a new trial, the appellate court found that the judge's instructions made it much harder for the defence to prove reasonable doubt regarding Crossley's intention to kill, and therefore, whether he committed second-degree murder.