R v Kemp

Decided: 2026-10-27. Docket: 2503-0049A. Citation: 2026 ABCA 346 (CanLII). Criminal and statutory offences — Appeals — Second degree murder — Intent — Whether trial judge erred in finding intent necessary for second degree murder — Findings that appellant subjectively intended to cause bodily harm and knew death was likely — Reliance on video evidence and credibility findings — Appeal dismissed | Evidence — Burden of proof — W(D) — Credibility — Whether trial judge properly described and applied R v W(D) — Rejection of accused’s testimony not treated as proof of intent — Consideration of other exculpatory evidence and whether Crown proved intent beyond a reasonable doubt — Appeal dismissed | Criminal and statutory offences — Defences — Intoxication — Intent — Whether evidence of intoxicati