Regina man who killed his wife will get a new trial, following successful appeal

-- Warning. The following story contains details some readers may find disturbing.

A Regina man who stabbed his wife to death in 2017 is getting a new trial, following a recent ruling from the province's court of appeal.

In a decision released to the public on Wednesday, Justices Jillyne Drennan, Meghan McCreary and Brian Barrington-Foote found that the trial of Jason Daniel McKay failed to consider expert evidence about the effect of drugs and alcohol on a person’s memory and their capacity to understand the consequences of their actions.

“[The trial judge] also erred in law by failing to consider evidence that Mr. McKay may have been angry, excited or reacted instinctively, in a manner that impacted the formation of the requisite intent for murder,” the decision read.

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As a result, McKay’s conviction in 2020 for the second-degree murder of his wife Jenny McKay will be set aside — and a new trial will be held at the Court of King's Bench.

McKay was sentenced to life in prison with no eligibility for parole for 17 years. Following the trial, he appealed both his conviction and his sentence.

The latter appeal was dismissed due to the new trial.

According to court documents, McKay will remain in custody while preparations are made.

'I killed her'

At approximately 3:30 a.m. on Sept. 6, 2017, two police officers arrived at McKay’s home on the 200 block of Angus Street in Regina.

Police were at the home to conduct a wellness check on McKay at the request of his mother.

The officers were met at the door by McKay, who was covered in blood and appeared to be intoxicated.

When police asked where his wife was, McKay replied: “She’s upstairs. She’s dead. I killed her.”

One of the police officers went upstairs and found Jenny McKay’s body lying on the kitchen floor.

The 33-year-old was surrounded by blood and had a large kitchen knife protruding from her chest.

The appeal decision explains McKay repeatedly told police that he had killed his wife during interviews on the evening of Sept. 6 and the morning of Sept. 7, 2017.

The consumption and effects of drugs and alcohol were the main issues at trial.

McKay testified in court that he had taken a 75 milligram dose of the antidepressant Sertraline on the morning of Sept. 5.

After returning from work that evening, McKay began to drink — eventually entering a blackout state.

The defence argued at trial that McKay could not form the requisite intent for murder because the state of amnesia or blackout he was under at the time of Jenny’s death.

The defence also argued that there was evidence the McKays were alcoholics, there was verbal and physical conflict in the home, that Jenny was sometimes the aggressor and that the pair had a heated altercation on the evening of Sept. 5 that was loud enough to be heard by neighbours across the street.

During the trial, McKay testified that he had experienced fragmented memories of bizarre events that occurred after his memory went blank.

A new trial date has not yet been set.