
虽然辩方称在醉酒状态下形成故意的能力是梅尔福特谋杀审判的关键问题,但检方表示醉酒的故意仍然是故意。
While the defence says the ability to form intent while intoxicated is the key issue at a Melfort murder trial, the Crown says drunken intent is still intent.
科迪·楚贝因谋杀他的长期伴侣丹妮尔·多伯谢克被指控一级谋杀。他于2024年3月10日在一家汽车旅馆的房间里将她打死。她当时30岁,是三个孩子的母亲。律师们于星期四在梅尔福特王座法院作了结案陈词。
Cody Chubey is charged with first-degree murder of Danielle Dobersheck, his long-term partner. He beat her to death in a motel room on March 10, 2024. She was 30 years old and a mother of three. The lawyers made their closing arguments on Thursday in Melfort Court of King's Bench.
辩护律师彼得·阿布拉梅茨一再表示,38岁的楚贝承认对多伯谢克的死亡负有责任,但辩称他应被判过失杀人,而非谋杀。
Defence lawyer Peter Abrametz said repeatedly that Chubey, 38, accepts responsibility for killing Dobersheck, but argued he should be found guilty of manslaughter, not murder.
楚贝在星期三作证称,他对杀害她没有记忆,因为他因饮酒而失去意识。
Chubey testified on Wednesday that he had no memory of killing her because he was blacked out from drinking alcohol.
阿布拉梅茨说,警察到达现场时楚贝的反应表明他没有罪恶感。他很镇定,并说他与女友发生了争执。
Abrametz said the way Chubey reacted when police arrived at the scene showed he had no consciousness of guilt. He was calm and said he had gotten into an argument with his girlfriend.
法庭听取了楚贝坐在墙壁上满是血迹的汽车旅馆房间的情况。多伯谢克死在浴室里,旁边还有楚贝在攻击结束时使用的沾血铲子。“我们恭敬地提交……没有导致死亡的故意,”阿布拉梅茨说。
Court heard Chubey was sitting in a motel room where the walls were covered in blood. Dobersheck was dead in the bathroom, along with the bloody snow shovel that Chubey used at the end of the assault. "We respectfully submit that … there was no intent to cause death," Abrametz said.
证据显示有故意,检方辩称案例法已确立“醉酒的故意仍然是故意”,检察官詹妮弗·索特尔辩称。
Evidence shows intent, Crown argues Case law has established that "drunken intent is still intent," Crown prosecutor Jennifer Souter argued.

然而,除了楚贝声称自己失去记忆外,检方指出没有任何证据显示他当晚饮酒的量,认为他的证词不可信或不可靠。
Regardless, no evidence was presented about how much Chubey had to drink that night, other than his claim that he blacked out, Souter noted, calling his testimony not credible or reliable.
“话虽如此,如果法庭接受被告的证词,即他对事件没有记忆,检方认为被告将无法形成记忆的无能与楚贝未形成特定谋杀故意混为一谈,”索特尔说。“这两个概念并不相同。”她辩称,证据显示楚贝有意杀害多伯谢克。
"That said, if the court accepts the accused's testimony that he has no memory of the incident, the Crown says that the accused is confounding an inability to form memory with Mr. Chubey not forming a specific intent to commit murder," Souter said. "The two concepts are not synonymous." She argued the evidence showed that Chubey intended to kill Dobersheck.
索特引用了法庭播放的一段录音,该录音由住在隔壁房间的夫妇录制,捕捉到了丘贝殴打多伯什克的声响。
Souter cited an audio recording played in court, made by the couple staying in the room next door, that captured the sounds of Chubey beating Dobersheck.

录音中,丘贝指责多伯什克出轨,并要求她告诉自己出轨对象是谁。他反复说道:“我会杀了你。”而多伯什克则哭着否认出轨,并大声呼救。
In it, Chubey accused Dobersheck of cheating on him and demanded she tell him who it was with. He repeatedly said, "I'll kill you," while she tearfully denied cheating on him and screamed for help.
索特还主张,丘贝是在非法拘禁多伯什克于汽车旅馆房间内时将其杀害的。在非法拘禁期间实施的谋杀,会将罪行升级为一级谋杀。
Souter also argued that Chubey killed Dobersheck while unlawfully confining her in the motel room. A homicide committed during an unlawful confinement elevates the crime to first-degree murder.
她引用了隔壁房间男子的证词,该男子称他听到丘贝告诉多伯什克,她不会去医院,但应该去浴室把自己收拾干净。
She cited testimony from the man in the room next door, who said he heard Chubey tell Dobersheck she wasn't going to go to the hospital, but that she should go to the bathroom and clean herself up.
随后,这名男子听到丘贝因找不到手机而再次发怒。他说他听到浴室方向传来撞击声。警方抵达时,发现被锁上的浴室门已被踢开。
Then, the man heard Chubey get angry again, after he couldn't find his phone. He said he heard banging from where the bathroom was. When police arrived, they found the locked bathroom door had been kicked in.
索特引用了汽车旅馆老板的证词,称那扇门在那晚之前并未受损;她还引用了一名警察的证词,称门上的血脚印很可能是某人背对门用“驴踢”方式强行破门所致。
Souter cited testimony from the motel owner that the door wasn't damaged before that night, and from a police officer who said a bloody footprint on the door was likely from someone doing a "donkey kick" with their back to the door, to force it open.
索特主张,在非法拘禁问题上,要认定一级谋杀罪存在两条路径——如果法官认定多伯什克因丘贝的控制而无法离开汽车旅馆房间,或者认定她当时正在浴室寻求庇护。法官肖恩·辛克莱表示,他需要一些时间来考虑这些论点。他的裁决定于12月11日作出。
Souter argued there are two pathways to a conviction of first-degree murder on the issue of unlawful confinement — if the judge finds Dobersheck couldn't leave the motel room due to Chubey's control of her, or if he finds that she was seeking refuge in the bathroom. Justice Sean Sinclair said he would need some time to consider the arguments. His decision is scheduled for Dec. 11.