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victims and chargers
section 229.
Fundamental Freedoms: (b) freedom of thought, belief, opinion and expression, including freedom of the press and other media of communication;
Legal Rights: Everyone has the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice.
Arrest and detention: (b) to retain and instruct counsel without delay and to be informed of that right
(c) to have the validity of the detention determined by way of habeas corpus and to be released if the detention is not lawful.
Proceedings in criminal and penal matters: (b) to be tried within a reasonable time;
(d) to be presumed innocent until proven guilty according to law in a fair and public hearing by an independent and impartial tribunal;
December 23rd, 1981, a young 16 years old waitress known as Barbara Stoppel was at work, having a late night shift at the Robin’s Donut in Winnipeg, Manitoba. Ms. Stoppel was strangled with a twine around her neck during work. She was immediately sent to the St.boniface hospital. Unfortunately, she did not survive and died six days after the incident. The investigation began, the police suspected a man with the name of Thomas Sophonow, due to his previous criminal record. Sophonow had 3 trials and was found guilty on March 17th, 1983 for the murder of Barbara Stoppel. Sophonow was released off jail after spending 45 months in jail, due to a wrongful conviction. The Winnipeg police found new evidence involving the case of Stoppel, a new investigation have begun. Manitoba Justice Minster offered $2.6 million to Mr.Sophonow due to the wrongful conviction.
Section 229. Culpable homicide is murder
(a) where the person who causes the death of a human being
o (i) means to cause his death, or
o (ii) means to cause him bodily harm that he knows is likely to cause his death, and is reckless whether death ensues or not;
(b) where a person, meaning to cause death to a human being or meaning to cause him bodily harm that he knows is likely to cause his death, and being reckless whether death ensues or not, by accident or mistake causes death to another human being, notwithstanding that he does not mean to cause death or bodily harm to that human being; or
(c) where a person, for an unlawful object, does anything that he knows or ought to know is likely to cause death, and thereby causes death to a human being, notwithstanding that he desires to effect his object without causing death or bodily harm to any human being.
The case that was being held against Thomas Sophonow was weak, but sadly built in such a way to convince the public, jury and judge that he was guilty of murdering Stoppel. Crown lawyer in the Stoppel case was Geroge Dangerfield, he had played such a huge role in the part of the wrongful conviction. The major points that the crown had against him is an eyewitness that is testified seeing a green twine in his car. Other eyewitness said that the killer was walking out of the donut shop looked like the victim.
He also confessed to a police officer that he knew how the door locked at the shop which made it more suspicious.
Actus reus: started when the murderer came to the donut shop around 8:30 pm while Stoppel was working alone. The perpetrator locked the door of the donut shop and followed her into the woman’s bathroom. That’s when the action began as he wrapped a twine around her neck strangling her. As the perpetrator left from the murder scene, he was being eyewitness as changing the store sign from open to close. Later one, when she was found in the lady’s washroom, the washroom was a mess, blood stains were surrounding everywhere around the murder’s body.
Mens Rea: the trial changed several times; at first it was believed that robbery was the motive due to the loss of $33 during the night of the murder from the casher’s register. Then they thought that a sexual assault may have been the motive for the murder due to the excess saliva found on the floor and clothes. Sadly, since there’s not enough evidence to prove the reason behind the murder, it’s almost impossible to prove the motive behind this murder scene.