R. v. Daniels, (1983) 47 A.R. 149 (NWTCA)

• Judge: Lieberman, Laycraft and Harradence, JJ.A.
• Court: Court of Appeal (Northwest Territories)
• Case Date: August 29, 1983
• Jurisdiction: Northwest Territories
• Citations: (1983), 47 A.R. 149 (NWTCA)

R. v. Daniels (1983), 47 A.R. 149 (NWTCA)

MLB headnote and full text

R. v. Daniels

(No. 454)

Indexed As: R. v. Daniels

Northwest Territories Court of Appeal

Lieberman, Laycraft and Harradence, JJ.A.

August 29, 1983.

Summary:

The accused was charged and convicted of murder. The accused appealed respecting the trial judge's charge to the jury respecting provocation. The Northwest Territories Court of Appeal allowed the appeal, quashed the conviction and directed a new trial.

Criminal Law - Topic 1280

Murder - Provocation - General principles - The Northwest Territories Court of Appeal referred to the objective test to be used in determining whether there was provocation under s. 215 of the Criminal Code of Canada (see paragraphs 22 and 24) - The Court stated that the test is to be applied to the hypothetical ordinary person against a background of all of the past events that put pressure on the accused (see paragraphs 27 to 29).

Criminal Law - Topic 1285

Murder - Provocation - Jury charge - A trial judge in his charge to the jury limited the scope of surrounding circumstances which could be considered by the jury in applying the "objective test" prescribed by s. 215 of the Criminal Code of Canada - The Northwest Territories Court of Appeal held that the trial judge erred and should have instructed the jury to consider all past circumstances that put pressure on the accused (see paragraphs 27 to 29).

Cases Noticed:

R. v. Tripodi, [1955] S.C.R. 438, refd to. [para. 10].

R. v. Faid (1983), 46 N.R. 461, refd to. [para. 12].

Wright v. The Queen, [1969] 3 C.C.C. 258, refd to. [para. 17].

Salamon v. The Queen (1959), 123 C.C.C. 1, refd to. [para. 17].

R. v. Krawchuk, [1941] 2 D.L.R. 353, refd to. [para. 19].

Lowther v. The Queen (1957), 26 C.R. 150 (Que. C.A.), refd to. [para. 21].

Linney v. The Queen (1977), 32 C.C.C.(2d) 294, refd to. [para. 21].

D.P.P. v. Camplin, [1978] 2 All E.R. 168, refd to. [para. 25].

R. v. Hill (1982), 32 C.R.(3d) 88, refd to. [para. 26].

Statutes Noticed:

Criminal Code of Canada, R.S.C. 1970, c. C-34, sect. 215 [para. 6].

Authors and Works Noticed:

Williams, Glanville, Textbook of Criminal Law, page 481 [para. 18].

Counsel:

C.D. Evans, Q.C., for the appellant;

B. Fontaine, for the Crown.

The decision of the Court of Appeal was delivered by Laycraft, J.A., at Yellowknife, Northwest Territories on August 29, 1983.