New trial ordered for Regina man convicted of murder in 2017 stabbing death of his wife
Warning: this story contains distressing details.
Saskatchewan's Court of Appeal has ordered a new trial for a Regina man previously convicted of murdering his wife in 2017.
Jason McKay was convicted in 2020 of second-degree murder of his wife Jenny. He was sentenced to life in prison with no eligibility for parole for 17 years.
McKay appealed both his conviction and his sentence, arguing that he should have been convicted only of manslaughter because he could not form the requisite intent for murder at the time of the killing.
The province's Court of Appeal determined the trial judge failed to consider expert evidence about the effect of drugs and alcohol on McKay's memory and his capacity to understand the consequences of his actions, according to a written decision released on Wednesday.
The court also determined the "trial judge erred in law by failing to consider evidence that McKay may have been angry, excited or reacted instinctively in a manner that impacted the formation of the requisite intent for murder."
Jenny and Jason McKay on their wedding day near Seafoam, N.S., in 2012. Five years later, Jason killed Jenny at their home in Regina. (Submitted by Doug Campbell)
What happened the night of the killing?
On Sept. 6, 2017, police went to McKay's home on the 200 block Angus Street at the request of his mother.
Officers were met at the door by McKay, who was covered in blood and appeared to be intoxicated. When officers asked him where Jenny was, he told the., "she's upstairs, she's dead, I killed her." Police found the 33-year-old lying on her back, covered in blood, with a large kitchen knife sticking out from her chest.
Michael Tochor, the trial judge, described the killing as one of "unspeakable brutality."
McKay did not deny that he caused Jenny's death. He cut and stabbed her dozens of times, both before and after she died.
However, he claims he could not form the requisite intent for murder because he was in a blackout state due to his consumption of a prescribed antidepressant and alcohol. Jason also claimed he experienced hallucinations and heard voices telling him to kill his wife.
Jenny McKay's family said she enjoyed writing stories and poetry, growing a garden, singing and playing guitar. She was 33 when she died. (Submitted by Doug Campbell)
The Court of Appeal's decision sets aside Jason's second-degree murder conviction. He will remain in custody until his new trial.
A date for that trial, which will be held at the Court of King's Bench, has not yet been set.
