Catching your spouse in flagrante delicto is not a defence to murder, according to the Supreme Court of Canada:
The Supreme Court of Canada says you shouldn’t expect to get away with murder if you catch your wife in bed with another man.
In a 7-0 ruling, the court rejected an Edmonton man’s argument that he was provoked into repeatedly stabbing his estranged wife’s lover to death after sneaking into their former matrimonial home and catching them in the act on a February afternoon in 2004.
Thieu Kham Tran unsuccessfully tried to use the 118-year-old defence of “provocation,” in which a murder conviction can be downgraded to manslaughter — out of compassion for human frailty — if the killer acted in the heat of the moment or in response to an egregious insult.
Justice Louise Charron concluded that Tran’s crime did not even come close to meeting the legal test for provocation. Far from acting suddenly, he suspected his wife of having a boyfriend and, therefore, snuck into their formerly shared apartment, with a knife in his pocket, by using an unrelinquished key.
Full decision here.