B.C. court overturns man's murder conviction in New Westminster stabbing

Akshay Kulkarni · CBC News

· Posted: Jun 30, 2025 11:20 PM EDT | Last Updated: 5 hours ago

The B.C. Court of Appeal has overturned the second-degree execution condemnation of a antheral who was sentenced to beingness successful situation pursuing a fatal stabbing successful New Westminster, B.C.

Ryan Crossley was sentenced successful April 2024 to beingness successful situation with nary eligibility for parole for 14 years aft a assemblage recovered him guilty of second-degree execution successful the decease of Robert Powshuk on Nov. 19, 2021.

His brother, Curtis Crossley, pleaded blameworthy to manslaughter successful August 2023, constabulary said, and was sentenced to 9 and a fractional years successful prison. 

But B.C.'s highest tribunal has ordered a caller proceedings for Ryan Crossley aft uncovering that a little tribunal justice made an mistake instructing the assemblage connected the "level of intoxication" Crossley was experiencing astatine the clip of the stabbing.

In September 2023, a B.C. Supreme Court assemblage heard that some Crossley brothers had been consuming illicit drugs. Crossley's defence lawyers argued his intoxication should beryllium considered erstwhile determining whether helium intended to termination Powshuk.

A complaint of second-degree execution means that the perpetrator either intended to termination their unfortunate oregon meant to origin bodily harm that they knew could effect successful their death.

The appellate tribunal recovered that the Supreme Court judge had instructed the assemblage incorrectly astir intoxication and intent.

According to a judgement posted online connected Monday, the lower tribunal judge's "confusing and legally problematic instructions connected a worldly issue" meant that the assemblage was not decently equipped to determine the lawsuit successful September 2023.

"The defence of intoxication formed an integral portion of the appellant's effect to the prosecution for 2nd grade murder, and proceedings fairness required that the defence beryllium fixed meaningful information with notation to the due ineligible framework," the Appeal Court judgement reads.

"That did not happen."

Bleeding heavy successful java shop

Powshuk was discovered wrong a Waves java store connected Columbia Street successful New Westminster connected Nov. 19, 2021, bleeding heavy from stab wounds.

According to the judgment, determination was an statement betwixt Powshuk and the Crossley brothers beforehand, which turned physical. There was grounds that each 3 men had been taking illicit drugs.

Surveillance footage showed "stabbing motions" by Ryan Crossley into Powshuk's abdomen, and Powshuk aboriginal died successful hospital. 

Crossley's lawyers argued his intoxication should beryllium taken into relationship successful assessing his culpability for second-degree murder.

They maintained that the thought helium was successful a authorities to person the intent to termination Powshuk was flawed, fixed his authorities of impairment.

If helium was recovered to person caused the death, but had not formed the intent to kill, Crossley's defence argued the close condemnation would beryllium the lesser complaint of manslaughter instead.

"Ask yourselves was helium successful a authorities to beryllium reasoning clearly, to beryllium appreciating the apt effect of his conduct?" a defence lawyer is quoted arsenic saying successful the judgment.

Level of intoxication

In a transgression trial, Crown prosecutors person to beryllium their complaint beyond a tenable doubt, arsenic an accused is considered guiltless until proven guilty.

While the assemblage was deliberating the case, it asked the justice to "define the level of intoxication successful regards to an accused['s] knowing of the consequences of his/her actions."

In response, the justice provided guidance, which included that they should beryllium satisfied beyond a tenable uncertainty that Crossley caused the decease with the intent to kill.

"Let maine conscionable enactment it this way," the justice is quoted arsenic saying. "You indispensable see whether the level of intoxication impacted Ryan Crossley's caput to specified an grade that it caused him to suffer power of his thoughts and actions."

This conception of the guidance was the bosom of the appeal, with Crossley's defence counsel arguing the assemblage was misled.

In ordering a caller trial, the appellate tribunal recovered that the judge's instructions made it overmuch harder for the defence to beryllium tenable uncertainty regarding Crossley's volition to kill, and therefore, whether helium committed second-degree murder.