A Burnaby man who killed his estranged wife by stabbing her 15 times has had his second-degree murder conviction upheld by an appeal judge.
The man, who is only identified as O.V. under a publication ban, was originally convicted of killing his wife, who is identified as L.V., by a judge in 2013.
At trial, the man claimed he was not criminally responsible on account of mental disorder, according to a B.C. Court of Appeal decision.
O.V. relied on the defence of lack of intent due to his mental disorder to reduce the charge of murder to manslaughter. The trial judge found that when he stabbed his wife he suffered from a delusional disorder or “disease of the mind,” but there was no medical or circumstantial evidence the disorder rendered him incapable of appreciating the nature of his actions or incapable of knowing his actions were wrong.
The judge then determined O.V. had the intent for murder.
Court documents state early on Sept. 21, 2009, the day of the murder, O.V. called 911 in medical distress and an ambulance was sent to his home. He was taken to Burnaby General Hospital for physical symptoms but left before being assessed. At approximately 10 a.m., he walked into the Burnaby RCMP detachment and told an officer he believed people were following him.
Later that day, he appeared at L.V.’s residence in the 8300 block of 14th Avenue. She was at home with their daughters. O.V. complained of feeling ill and asked to move back into the home. L.V. refused this request but reluctantly agreed to allow him in to make himself a herbal remedy and use the bathroom. O.V., unaware she planned to move at the beginning of the next month, saw boxes and packing materials piled throughout the house.
After using the washroom, he took a large knife from the kitchen and stabbed L.V. 15 times in the back and chest while she was sitting on the couch watching television with their three daughters.
He was arrested a half hour later by New Westminster police at a gas station at 10 Avenue and Canada Way.
Records show he had a history of physically abusing L.V. The decision, which was released last week, noted O.V. was appealing solely on the basis the judge erred in finding he had the specific intent for murder at the time of the stabbing on four separate grounds, including bias by the trial judge.
However, in a lengthy decision, Justice Anne Mackenzie sided with the original trial judge on all arguments and tossed out the appeal
