The British Columbia Court of Appeal has overturned a man’s second-degree murder conviction related to a fatal stabbing in New Westminster, B.C. This decision means Ryan Crossley, who was sentenced to life in prison, will face a new trial.
In April 2024, Ryan Crossley was found guilty by a jury of second-degree murder for the death of Robert Powshuk on November 19, 2021. He was sentenced to life in prison without parole eligibility for 14 years.
Ryan’s brother, Curtis Crossley, admitted guilt to manslaughter in August 2023. Curtis received a sentence of nine and a half years in prison, according to police records.
However, the province’s highest court ruled that the original trial was flawed. The Court of Appeal found that the lower court judge gave incorrect jury instructions about Ryan Crossley’s level of intoxication during the stabbing. Because of this, the judge’s guidance on the issue of intent was legally problematic.
At the original trial in September 2023, the B.C. Supreme Court jury heard that both brothers had used illicit drugs before the incident. Ryan Crossley’s defense team argued that his intoxication should be considered when deciding if he intended to kill Powshuk.
Second-degree murder charges mean the accused either intended to kill the victim or intended to cause bodily harm they knew could result in death.
The appellate court said the trial judge’s instructions on intoxication and intent were confusing and unclear. This mistake prevented the jury from properly deciding the case.
The court’s judgment, published online, stated that the defense of intoxication was a key part of Ryan Crossley’s argument against the murder charge. For the trial to be fair, this defense needed proper consideration under the correct legal rules.
That did not happen during the trial, the Court of Appeal ruled.
The case now returns to the lower court for a new trial, where the issue of intoxication and intent will be properly explained to the jury.
