Bill James Pappas v. Her Majesty the Queen (April 26, 2013)
Case # 34951
The appellant was convicted of second degree murder. During a police interrogation he confessed to shooting the victim. He explained that the victim had been extorting money from him for months. The vicitm had been extorting money by threatening to reveal details about his offshore investments to the Canada Revenue Agency. The vicitm had also been threatening to harm the appellant’s mother if he chose to stop paying or if he went to the police. At trial, the appellant’s confession became part of the Crown’s evidence and the defence of provocation was put to the jury. In its final submissions, the Crown used the appellant’s post offence conduct to argue that the defence could not be made out. The judge told the jury that the post-offence conduct wasn’t relevant to the issues it had to decide. The appellant appealed his conviction but it was dismissed by the majority of the Court of Appeal.