R. v. Cluett, (1985) 61 N.R. 388 (SCC)

• Judge: Dickson, C.J.C., Beetz, Estey, McIntyre, Chouinard, Lamer and Le Dain, JJ.
• Court: Supreme Court (Canada)
• Case Date: October 10, 1985
• Jurisdiction: Canada (Federal)
• Citations: (1985), 61 N.R. 388 (SCC);[1985] 2 SCR 285;AZ-85111074;1985 CanLII 5 (SCC);61 NR 388;21 DLR (4th) 306;[1985] 2 SCR 216;166 APR 104;1985 CanLII 52 (SCC);15 WCB 87;70 NSR (2d) 104;21 CCC (3d) 318

R. v. Cluett (1985), 61 N.R. 388 (SCC)

MLB headnote and full text

R. v. Cluett

Indexed As: R. v. Cluett

Supreme Court of Canada

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

October 10, 1985.

Summary:

Two police officers were charged with murder. One officer held a civilian while the other beat him. The civilian died two weeks later as a direct result of injuries sustained in the altercation. A jury acquitted Cluett, the officer who held the civilian. The Crown appealed the acquittal.

The Nova Scotia Court of Appeal allowed the Crown's appeal and ordered a new trial on the grounds that the trial judge misdirected the jury on the mental element required for aiding or abetting manslaughter and that he failed to point out the evidence that could support a finding of manslaughter against the officer. The police officer appealed.

The Supreme Court of Canada allowed the appeal, set aside the judgment of the Court of Appeal and restored the acquittal of the police officer.

Criminal Law - Topic 1311

Manslaughter - Intention - Two police officers were charged with murder after one officer held a civilian and the other beat him - The Supreme Court of Canada held that there was no error by the trial judge in his charge to the jury that manslaughter is an unintentional killing resulting from an unlawful act and that no intention to kill or cause bodily harm need be proved by the Crown beyond a reasonable doubt to sustain a verdict of manslaughter - See paragraphs 19 to 21.

Criminal Law - Topic 2742

Attempts, conspiracies, accessories and parties - Parties to offences - Necessary intention or knowledge - Manslaughter - Two police officers were charged with murder after one officer held a civilian and the other officer beat him - The Supreme Court of Canada held that the trial judge's charge to the jury on the mental element required for aiding or abetting manslaughter was not improper and that there must be intentional encouragement or assistance in the commission of the crime for an accused to be guilty of aiding or abetting - See paragraphs 19 to 21.

Criminal Law - Topic 4374

Procedure - Charge or directions to jury - Duty to relate law to facts - The Supreme Court of Canada held that for a charge of murder a trial judge is under no duty to relate specific portions of the evidence to the included offence of manslaughter - See paragraphs 22 to 23.

Police - Topic 3068

Powers - Arrest - Without warrant - The Supreme Court of Canada held that there was no misdirection by the trial judge on the right to arrest without warrant and that a peace officer is authorized to use such force as is reasonable, proper and necessary to effect the arrest provided that no wanton or unnecessary violence is imposed - See paragraphs 9 to 18.

Cases Noticed:

R. v. Biron, [1976] 2 S.C.R. 56; 4 N.R. 45; 23 C.C.C.(2d) 513, refd. to [para. 12].

R. v. Roberge, [1983] 1 S.C.R. 312; 46 N.R. 573, consd. [para. 18].

R. v. Dunlop and Sylvester, [1979] 2 S.C.R. 881; 27 N.R. 153; 47 C.C.C.(2d) 93, consd. [para. 21].

John v. R., [1971] S.C.R. 781; 2 C.C.C.(2d) 157, refd. to [para. 23].

Statutes Noticed:

Criminal Code of Canada, R.S.C. 1970, c. C-34, sect. 34(1), sect. 25, sect. 450(1)(b).

Counsel:

David Bright, for the appellant;

Dana Giovannetti, for the respondent.

This appeal was heard on November 22, 1984, at Ottawa, Ontario, before Dickson, C.J.C., Beetz, Estey, McIntyre, Chouinard, Lamer and Le Dain, JJ., of the Supreme Court of Canada.

On October 10, 1985, Le Dain, J., delivered the following judgment for the Supreme Court of Canada: