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New Trial Ordered for Jerrick Stalthanee in Assault Case

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A new trial has been mandated for Jerrick Stalthanee, who was previously convicted of aggravated assault in connection with the death of Arley Cook in Black Lake several years ago. In March 2024, the Crown successfully appealed the initial verdict, which had resulted in Stalthanee’s conviction for a lesser charge rather than the original manslaughter accusation. The Saskatchewan Court of Appeal identified significant errors in the judgment made by the Prince Albert Court of King’s Bench.

The appeal court found that the original judge, Justice G.A. Meschishnick, had applied an incorrect causation test in his decision-making. The judge expressed uncertainty about the role alcohol played in Cook’s death, stating, “I am not quite convinced beyond a reasonable doubt that the injuries resulted in death.” Despite acknowledging that Stalthanee caused a skull fracture by striking Cook, Justice Meschishnick hesitated to attribute the death directly to those actions.

In their ruling, the Saskatchewan Court of Appeal criticized the judge’s handling of the evidence, emphasizing that the causation issue was fact-driven and needed thorough analysis. They noted that while Cook was intoxicated at the time of his death, he also suffered blunt force trauma from being struck with a frying pan. The appeal judges stated, “While excessive alcohol consumption may have exacerbated the axonal damage in this case… that alone did not negate the unlawful conduct of Mr. Stalthanee as a contributing cause of death.”

The court highlighted that the judge failed to adequately evaluate whether Stalthanee’s actions significantly contributed to Cook’s death. The ruling clarified that it is not the function of the trier of fact to weigh competing causes but to determine if the accused’s actions made a substantial contribution to the outcome.

Despite the appeal court’s criticisms of the original verdict, the judges did not find sufficient evidence to replace the aggravated assault conviction with a manslaughter charge. Consequently, they ordered a new trial for Stalthanee, ensuring that the legal proceedings could reassess the evidence and establish a more accurate outcome.

This decision not only reflects the complexities of the case but also emphasizes the importance of careful legal scrutiny in matters involving serious charges. The outcome of the new trial will be closely monitored by legal experts and the community as it unfolds.

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