Regina man who killed his wife will get a new trial, following successful appeal
CTV
A Regina man who stabbed his wife to death in 2017 is getting a new trial, following a recent ruling from the province's court of appeal.
-- Warning. The following story contains details some readers may find disturbing.
A Regina man who stabbed his wife to death in 2017 is getting a new trial, following a recent ruling from the province's court of appeal.
In a decision released to the public on Wednesday, Justices Jillyne Drennan, Meghan McCreary and Brian Barrington-Foote found that the trial of Jason Daniel McKay failed to consider expert evidence about the effect of drugs and alcohol on a person’s memory and their capacity to understand the consequences of their actions.
“[The trial judge] also erred in law by failing to consider evidence that Mr. McKay may have been angry, excited or reacted instinctively, in a manner that impacted the formation of the requisite intent for murder,” the decision read.
As a result, McKay’s conviction in 2020 for the second-degree murder of his wife Jenny McKay will be set aside — and a new trial will be held at the Court of King's Bench.
McKay was sentenced to life in prison with no eligibility for parole for 17 years. Following the trial, he appealed both his conviction and his sentence.
The latter appeal was dismissed due to the new trial.
