Appeal court overturns acquittal
Jorge Barrera
Northern News Services
Yellowknife (Mar 16/01) - A man who got off on a litany of charges including sexual assault and assaulting a police officer because he was "too stoned" is going back to court after the territory's Court of Appeal threw out his acquittal.
James Kenneth Brenton has now been convicted, acquitted and re-convicted for sexual assault, assault and assaulting a police officer in a case that called to question the constitutionality of not allowing self-induced intoxication as a defence.
The Northwest Territories' Court of Appeal ruled Monday that Brenton's case did not meet the legal requirements needed to use intoxication as defence so questions of constitutional rights did not apply -- which was the basis of his aquittal.
The appeal court's ruling came down Monday.
Brenton was acquitted after Justice John Vertes of the Supreme Court of the Northwest Territories ruled Section 33.1 of Canada's Criminal Code unconstitutional in November 1999.
The code states self-induced intoxication cannot be used as a defence against assault.
At the time, Crown prosecutor Mark Scrivens appealed the decision arguing Section 33.1 set a reasonable limit on a defendant's rights.
The appeal court, referring to the original conviction which they upheld, wrote, "the respondent did not establish to the satisfaction of the trial judge that he was in an extreme state of intoxication."
"There was no reason to consider the issue of the constitutionality..." wrote the court.
Brenton was sentence to 14 months in prison but went free after four months when the Supreme Court acquitted him.
Federal Crown prosecutor Loretta Colton said the next step is tackling the sentence appeal.
After his first conviction Brenton appealed both his conviction and his sentence.
Because he was acquitted, the sentence appeal was never contested.
"We don't know when (the sentence appeal) will happen," said Crown prosecutor Loretta Colton, "it's up to his lawyer."
Brenton's case caused considerable backlash from territorial women's organizations after the acquittal.
Brenton claimed he blacked out after smoking half a marijuana cigarette. He said he was not drinking at the time.
During the "blackout" Brenton sexually assaulted a woman, punched a neighbour in the face and attacked police officers when they arrive at the scene.
Section 33.1 of the criminal code was enacted by parliament in 1995 as a response to a Supreme Court of Canada ruling in 1994. The Supreme Court of Canada ruled the existing common law which stated self-induced intoxication could not form a defence violated the Canadian Charter of Rights and Freedoms.
The court crafted a new law which allows the defence but places the burden of proof on the defence.
Brenton's lawyer Scott Duke could not be reached for comment.
