Can a defendant be convicted of assault with a deadly weapon upon a peace officer for assault with intent to murder?

Alberta, Canada

The following excerpt is from R. v. B.(S.J.), 2002 ABCA 143 (CanLII):

Sopinka J. provided an example at para. 122 when application of the normal criteria for general and specific intent offences does not lead to a clear conclusion. In a California case, People v. Hood, 462 P.2d 370 (1969), the defendant was convicted of assault with a deadly weapon upon a peace officer and assault with intent to murder a police officer. On appeal, the issue was whether the appellant’s intoxication should be consider as part of the defence to the offence of assault with a deadly weapon upon a peace officer or the included offences of simple assault or assault with a deadly weapon. Applying the criteria relating to specific and general intent, Traynor C.J. found the offences could be in either class. He turned to other considerations including the nature of the offence, the mental requirement and the effect of alcohol on human behaviour and found it would be anomalous to allow evidence of intoxication to relieve a man of responsibility for the crimes of assault with a deadly weapon or simple assault which are so frequently committed when intoxicated.

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