R. v. Blake, (1979) 1 Man.R.(2d) 172 (CA)

• Judge: Freedman, C.J.M., Monnin, Hall, Matas and Huband, JJ.A.
• Court: Court of Appeal (Manitoba)
• Case Date: September 14, 1979
• Jurisdiction: Manitoba
• Citations: (1979), 1 Man.R.(2d) 172 (CA)

R. v. Blake (1979), 1 Man.R.(2d) 172 (CA)

MLB headnote and full text

R. v. Blake

Indexed As: R. v. Blake

Manitoba Court of Appeal

Freedman, C.J.M., Monnin, Hall, Matas and Huband, JJ.A.

September 14, 1979.

Summary:

This headnote contains no summary.

Criminal Law - Topic 4354

Procedure - Charge or directions to jury - Warning to jury respecting evidence of accomplice - What constitutes accomplice - Accessory after the fact - The Manitoba Court of Appeal held that a jury should be warned that it is unsafe to convict on the basis of the uncorroborated evidence of an accessory after the fact - See paragraphs 4 to 5.

Criminal Law - Topic 5041

Indictable offences - Appeals - Dismissal of appeal if error resulted in no miscarriage of justice - Where jury charge incomplete or in error - Criminal Code of Canada, R.S.C. 1970, c. C-34, s. 613(1)(b)(iii) - A trial judge failed to warn the jury that it was dangerous to convict on the uncorroborated testimony of an accessory after the fact - There was evidence corroborating the evidence of the accessory after the fact - The Manitoba Court of Appeal dismissed the accused's appeal, because the error by the trial judge did not result in a miscarriage of justice, where there was evidence corroborating the evidence of the accessory after the fact - See paragraphs 5 to 9.

Cases Noticed:

R. v. Paradis (1977), 13 N.R. 251; 33 C.C.C.(2d) 387, appld. [para. 4].

Statutes Noticed:

Criminal Code of Canada, R.S.C. 1970, c. C-34, sect. 613(1)(b)(iii) [para. 8].

Counsel:

D. Rampersad, for the respondent;

G.G. Brodsky, Q.C., for the accused/appellant.

This case was heard on September 14, 1979, at Winnipeg, Manitoba, before FREEDMAN, C.J.M., MONNIN, HALL, MATAS and HUBAND, JJ.A., of the Manitoba Court of Appeal.

On September 14, 1979, FREEDMAN, C.J.M., orally delivered the following judgment for the Court of Appeal: