Case information
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34980
Matthew James Murphy v. Her Majesty the Queen
(Nova Scotia) (Criminal) (As of Right)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2013-04-19 | Transcript received, (17 pages) | |
| 2013-04-18 | Appeal closed | |
| 2013-04-17 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2013-04-17 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2013-04-16 |
Judgment on the appeal rendered, LeB F Ro Cro Mo, The appeal from the judgment of the Nova Scotia Court of Appeal, Number CAC 359739, 2012 NSCA 92, dated September 6, 2012, was heard on April 16, 2013, and the Court on that day delivered the following judgment orally: LEBEL J. — We all agree with the majority of the Nova Scotia Court of Appeal that the verdict was not unreasonable. The appeal is dismissed. Dismissed |
|
| 2013-04-16 | Respondent's condensed book, Submitted in Court (14 copies) | Her Majesty the Queen |
| 2013-04-16 | Appellant's condensed book, Submitted in Court (14 copies) | Matthew James Murphy |
| 2013-04-16 | Acknowledgement and consent for video taping of proceedings, From all parties | |
| 2013-04-16 |
Hearing of the appeal, 2013-04-16, LeB F Ro Cro Mo Judgment rendered |
|
| 2013-04-04 | Correspondence received from, Marie-France Major dated April 4, 2013. Re: Error in Volume 1, Tab 2 of the appellant's record | Matthew James Murphy |
| 2013-04-02 | Notice of appearance, William Delaney and Timothy O'Leary will be present at the hearing. | Her Majesty the Queen |
| 2013-04-02 | Notice of appearance, Roger Burrill will be present at the hearing. | Matthew James Murphy |
| 2013-03-11 | Notice of hearing sent to parties | |
| 2013-03-08 | Appeal perfected for hearing | |
| 2013-03-07 |
Appeal hearing scheduled, 2013-04-16, (previously May 16/13) Judgment rendered |
|
| 2013-03-06 | Order on motion to extend time, (CROMWELL J.) | |
| 2013-03-06 |
Decision on motion to extend time, Cro, IT IS HEREBY ORDERED that the motion for an Order extending the time to serve and file the Respondent's Factum, Record and Book of Authorities to February 25, 2013 and to make oral argument at the hearing of the appeal pursuant to Rule 71(3) is granted. Granted |
|
| 2013-03-06 | Submission of motion to extend time, Cro | |
| 2013-02-27 | Response to motion to extend time, to serve and file the respondent's documents, Completed on: 2013-02-27 | Her Majesty the Queen |
| 2013-02-26 | Motion to extend time, to serve and file the respondent's documents on Feb. 25/13 and requesting oral argument pursuant to Rule 71(3), Completed on: 2013-02-26 | Her Majesty the Queen |
| 2013-02-25 | Respondent's book of authorities, Completed on: 2013-02-25 | Her Majesty the Queen |
| 2013-02-25 | Respondent's record, Completed on: 2013-02-25 | Her Majesty the Queen |
| 2013-02-25 | Respondent's factum, Motion for extension of time requested - Rec'd on February 26, 2013, Completed on: 2013-03-06 | Her Majesty the Queen |
| 2012-12-06 | Appellant's book of authorities, Completed on: 2012-12-06 | Matthew James Murphy |
| 2012-12-06 | Appellant's record, (5 volumes), Completed on: 2012-12-06 | Matthew James Murphy |
| 2012-12-06 | Appellant's factum, Completed on: 2012-12-06 | Matthew James Murphy |
| 2012-11-26 | Correspondence (sent by the Court) to, Mr. Burrill and Mr. Delaney (Revised Filing Timetable and Tentative Hearing Date) | |
| 2012-09-26 | Letter advising the parties of tentative hearing date and filing deadlines (Notice of appeal – As of right) | |
| 2012-09-19 | Notice of appeal, Completed on: 2012-09-19 | Matthew James Murphy |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| Murphy, Matthew James | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Counsel
Party: Murphy, Matthew James
Counsel
400 - 5475 Spring Garden Road
Halifax, Nova Scotia
B3J 3T2
Telephone: (902) 420-6580
FAX: (902) 420-1260
Email: roger.burrill@nslegalaid.ca
Agent
397 Gladstone Avenue
Suite1
Ottawa, Ontario
K2P 0Y9
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
Party: Her Majesty the Queen
Counsel
Timothy S. O'Leary
Maritime Centre
1225 - 1505 Barrington Street
Halifax, Nova Scotia
B3J 3K5
Telephone: (902) 424-6795
FAX: (902) 424-4484
Email: delanewd@gov.ns.ca
Agent
2600 - 160 Elgin St
P.O. Box 466, Stn "D"
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 788-3433
Email: henry.brown@gowlings.com
Summary
Keywords
None.
Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
Criminal law Conspiracy to commit murder Attempted murder Unreasonable verdicts Whether the verdicts are unreasonable and not supported by the evidence within the meaning of s. 686(1)(a) of the Criminal Code.
The appellant was tried by judge alone and convicted of conspiracy to commit murder and attempted murder. Several individuals involved in the Halifax drug trade conspired and then attempted to murder a rival by shooting him, and the appellant was at the scene of the crime in a car with one of the co-conspirators. At trial, the appellant testified that he had no knowledge of the conspiracy and that he just happened to be driving around with one of the co-conspirators. The majority of the Court of Appeal dismissed the appellant’s appeal from conviction. Beveridge J.A., however, would have allowed the appeal and acquitted the appellant on the basis that while the appellant knew that “something bad” was going to happen to the victim, it was an insufficient basis upon which to convict him of conspiracy to commit murder or as a party to attempted murder. In his view, the verdicts were unreasonable and not supported by the evidence.
Lower court rulings
Nova Scotia Court of Appeal
CAC 359739, 2012 NSCA 92
see file
Memorandums of argument on application for leave to appeal
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filing out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.
Downloadable PDFs
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Related links
Factums on appeal
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
Downloadable PDFs
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