Cluett v. The Queen, [1985] 2 S.C.R. 216 (1985)

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Cluett v. The Queen, [1985] 2 S.C.R. 216 (1985)

Cluett v. The Queen, [1985] 2 S.C.R. 216

David Bronson Cluett Appellant;

and

Her Majesty The Queen Respondent.

File No.: 17586.

1984: November 22; 1985: October 10.

Present: Dickson C.J. and Beetz, Estey, McIntyre, Chouinard, Lamer and Le Dain JJ.

on appeal from the supreme court of nova scotia, appeal division

Criminal law -- Charge to jury -- Use of force by police officer -- Whether trial judge misdirected jury as to the lawful or justified use of force by police officer -- Criminal Code, ss. 25, 450(1)(b).

Criminal law -- Charge to jury -- Aiding or abetting manslaughter -- Mens rea -- Whether trial judge misdirected jury as to the mental element required for aiding or abetting manslaughter -- Criminal Code, s. 21(1).

Criminal law -- Charge to jury -- Evidence -- Adequacy of trial judge's summary of the evidence -- Police officer acquitted of manslaughter -- Whether trial judge failed to indicate the evidence supporting a verdict of manslaughter.

Appellant and a fellow constable, O'Donnell, were charged jointly with second degree murder and tried before a judge sitting with a jury. They had been called to investigate a complaint that Hollett, the victim, was interfering with traffic. O'Donnell hailed Hollett who after a few questions walked away. O'Donnell left the police van and went after him. A struggle ensued. Appellant, who had remained in the van, heard O'Donnell's shout, saw Hollett holding O'Donnell's hair and ran to the scene. He ordered Hollett to release O'Donnell and when Hollett failed to do so, appellant told him he was "under arrest for assaulting a police officer". Appellant tried to...

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