R. v. Crook, (1979) 1 Sask.R. 273 (CA)

• Judge: Culliton, C.J.S., Woods and Hall, JJ.A.
• Court: Court of Appeal (Saskatchewan)
• Case Date: December 31, 1979
• Jurisdiction: Saskatchewan
• Citations: (1979), 1 Sask.R. 273 (CA)

R. v. Crook (1979), 1 Sask.R. 273 (CA)

MLB headnote and full text

R. v. Crook

(No. 8085)

Indexed As: R. v. Crook

Saskatchewan Court of Appeal

Culliton, C.J.S., Woods and Hall, JJ.A.

December 31, 1979.

Summary:

This case arose out of a charge of first degree murder. The accused was convicted by a judge sitting with a jury. The accused was sentenced to life imprisonment. The accused appealed to the Saskatchewan Court of Appeal.

The Saskatchewan Court of Appeal dismissed the appeal and affirmed the conviction of the accused.

Criminal Law - Topic 5358

Evidence - Confession - Judicial review - The Saskatchewan Court of Appeal referred to the circumstances when an appeal court should disturb a trial judge's ruling respecting the admissibility of a confession - See paragraph 87.

Criminal Law - Topic 5510

Evidence - Testimony of accomplices - The Saskatchewan Court of Appeal referred to the requirement of warning a jury that it is dangerous to rely upon the evidence of an accomplice - See paragraph 91.

Criminal Law - Topic 5515

Evidence - Testimony of accomplices - What constitutes corroboration - The Saskatchewan Court of Appeal referred to evidence which constituted corroboration of the testimony of an accomplice - See paragraphs 92 and 93.

Criminal Law - Topic 96

Insanity - General principles - The Saskatchewan Court of Appeal referred to the elements of the defence of insanity - See paragraphs 108 and 118.

Criminal Law - Topic 107

Insanity - Onus of proof - The Saskatchewan Court of Appeal stated that the onus of proof of the defence of insanity rested on the defence, and must be proved by a balance of probabilities - See paragraph 118.

Criminal Law - Topic 105

Insanity - Jury charge - The Saskatchewan Court of Appeal referred to and approved a trial judge's charge to a jury respecting the defence of insanity - See paragraphs 118 and 119.

Criminal Law - Topic 4356

Procedure - Charge to jury - Directions regarding drunkenness and intent or mens rea - The Saskatchewan Court of Appeal referred to and approved a trial judge's jury charge respecting the defence of drunkenness - See paragraph 106.

Cases Noticed:

R. v. Settee, [1975] 3 W.W.R. 177, refd to. [para. 85].

Piche v. The Queen, [1971] S.C.R. 23, refd to. [para. 85].

Horvath v. The Queen (1979), 44 C.C.C.(2d) 385, refd to. [para. 85].

Ward v. The Queen, 25 N.R. 514; [1979] 2 S.C.R. 30, refd to. [para. 85].

R. v. Fitton, [1956] S.C.R. 958, refd to. [para. 87].

Horsburgh v. The Queen, [1967] S.C.R. 746, refd to. [para. 91].

R. v. Quiring and Kuipers, [1974] 6 W.W.R. 13, refd to. [para. 91].

R. v. Laberge, 18 N.R. 457; [1978] 1 S.C.R. 1007, refd to. [para. 91].

Avon v. The Queen, [1971] S.C.R. 650, refd to. [para. 95].

R. v. Brymer, 24 C.C.C.(2d) 105, refd to. [para. 95].

Vezeau v. The Queen, 8 N.R. 235; [1977] 2 S.C.R. 277, refd to. [para. 95].

Strasser v. Roberge, 29 N.R. 541, refd to. [para. 95].

Schwartz v. The Queen, 8 N.R. 585; [1977] 1 S.C.R. 673, refd to. [para. 119].

Statutes Noticed:

Criminal Code of Canada, R.S.C. 1970, c. C-34, sect. 613(1)(b)(iii) [paras. 95, 124].

Counsel:

David S. Newsham, Q.C., for the appellant;

W.K. Tucker, for the Crown.

This appeal was heard by CULLITON, C.J.S., WOODS and HALL, JJ.A., of the Saskatchewan Court of Appeal.

The judgment of the Court of Appeal was delivered on December 31, 1979 and the following opinions were filed:

HALL, J.A. - see paragraph 1;

CULLITON, C.J.S. - see paragraphs 2 to 125.

WOODS, J.A., concurred with CULLITON, C.J.S.