R v D.R., 2018 ONCJ RY1156

D.R., a young person 16 years of age, was residing at a group home in Navan, Ontario. The defendant left his room early in the morning. He got in an argument with a staff member, went outside and removed one rabbit from an enclosure in the yard. He ran toward the group home door, but the staff member would not let him back in. The defendant then strangled the rabbit to death.

The Crown’s theory was that he was hungry and the group home was not allowing him to have an early breakfast. The defense’s theory was that he killed the rabbit because he thought it was cold. Raised the defense of necessity.

The idea that he did it because the bunny was cold was rejected. It was found that he killed the rabbit because he was in a rage about not being fed and for not being allowed back in the house with the rabbit.

Found guilty of count 2, contrary to s.445(1)(a) of the criminal code.

Found guilty of count 3, contrary to s.445.1(1)(a) of the criminal code.

Found guilty of count 4, contrary to s.430(1)(a) of the criminal code.

Reasonable doubt on Count 5 (uttering threats).

D.R. is sent for a psych analysis before sentencing (last updated 20/12/18).