Article content continued

Brown then fled Hamnett’s home and a neighbour saw him trying to get into some parked cars. A short time later he broke into a second home, where he was eventually found by police in a bathroom.

Hollins said the case was unique, in part because she believed the testimony of every witness, including Brown, who said he couldn’t recall any of his bizarre behaviour.

Photo by Calgary Courts

In a pretrial ruling, another judge determined a section of the Criminal Code that prohibited self-induced intoxication as a defence to crimes of violence was unconstitutional.

Outside court, Crown prosecutor Matt Block said an appeal will be considered, especially on the pretrial decision.

“Obviously it had a lot to do with the previous ruling . . . on the constitutional issue,” Block said of Hollins’ decision to acquit Brown for the break-ins and assaulting Hamnett.

“We’re certainly considering it for appeal, particularly on the constitutional question.”

Hamnett’s daughter and son-in-law, Lara and Jason Unsworth, are hopeful that occurs.

Both expressed concern this could open the door to future violent acts by individuals consuming intoxicants and walking free from criminal liability.

“I think we’re a little bit in shock,” Lara Unsworth said.

“We knew this was a possibility, but we are disappointed,” she said.

“We didn’t want him to be severely punished, but we did want accountability and we wanted a lesson shared with society that it’s not OK to get that out of control and to hurt people.”