Brayden Bushby pleaded guilty to aggravated assault with a weapon at a recent Thunder Bay trial. In January 2017, he had thrown a trailer hitch at Barbara Kentner, an Indigenous woman.
But it’s what happened after the assault that makes this trial different.
Five months after the assault, Ms. Kentner died. At the trial, a forensic pathologist claimed that her death was “hastened” by a small bowel rupture. The hitch caused the injury. She also suffered from a liver disease that could have killed her around the same time as her actual death.
The question was whether Mr. Bushby had caused Ms. Kentner’s death, or if she would have died anyway. The Crown argued that they did not have to prove that Mr. Bushby caused Ms. Kentner’s death. The Crown simply had to prove that his actions contributed to it. The judge is due to deliver her decision by December 14.
Mr. Bushby is facing a manslaughter charge. COVID-19 made gathering the jury required for a murder trial impossible.
Mr Bushby pleaded guilty to aggravated assault. Aggravated assault is the most serious assault charge and is laid when the victim is wounded, maimed, disfigured, or has their life endangered.
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