R. v. C., (1979) 1 Man.R.(2d) 170 (CA)

• Judge: Freedman, C.J.M., Monnin and Hall, JJ.A.
• Court: Court of Appeal (Manitoba)
• Case Date: September 17, 1979
• Jurisdiction: Manitoba
• Citations: (1979), 1 Man.R.(2d) 170 (CA)

R. v. C. (1979), 1 Man.R.(2d) 170 (CA)

MLB headnote and full text

R. v. C.

Indexed As: R. v. C.

Manitoba Court of Appeal

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

September 17, 1979.

Summary:

This headnote contains no summary.

Criminal Law - Topic 1299

Offences against the person - Murder - Defences - Jury charge respecting intent and drunkenness - The Manitoba Court of Appeal held that on a murder charge a jury should be instructed that a reasonable doubt concerning the accused's incapacity, because of intoxication to formulate the specific intent required for murder, will reduce the offence to manslaughter - The Court of Appeal held further that a jury should be instructed that, if it was undecided between murder and manslaughter, it should give the accused the benefit of the doubt and enter a verdict of manslaughter - See paragraph 3.

Criminal Law - Topic 4978

Indictable offences - Appeals - Powers of court of appeal - Power to substitute verdict - Criminal Code of Canada, R.S.C. 1970, c. C-34, s. 613 - The accused was convicted of murder after the trial judge erred in instructing the jury - The Manitoba Court of Appeal held that the verdict should have been manslaughter - The Court of Appeal did not order a new trial, but substituted a verdict for manslaughter - See paragraphs 4 to 5.

Criminal Law - Topic 5882

Sentence - Manslaughter - The Manitoba Court of Appeal sentenced a sixteen year old boy to twelve years imprisonment for manslaughter, where the boy was drunk during the offence - See paragraph 6.

Cases Noticed:

Blake v. R., [1969] 2 C.C.C. 224; 1 D.L.R.(3d) 322, appld. [para. 4].

R. v. Morris (1975), 29 C.C.C.(2d) 540, appld. [para. 4].

Statutes Noticed:

Criminal Code of Canada, R.S.C. 1970, c. C-34, sect. 613 [para. 4].

Counsel:

J.G. Dangerfield, for the respondent;

J.C. Prober, for the accused/appellant.

This case was heard on September 17, 1979, at Winnipeg, Manitoba, before FREEDMAN, C.J.M., MONNIN and HALL, JJ.A., of the Manitoba Court of Appeal.

On September 17, 1979, FREEDMAN, C.J.M., orally delivered the following judgment for the Court of Appeal: