R. v. Dasilva-Spence (J.M.), (1997) 209 A.R. 40 (CA)

• Court: Court of Appeal (Alberta)
• Case Date: June 10, 1997
• Citations: (1997), 209 A.R. 40 (CA)

R. v. Dasilva-Spence (J.M.) (1997), 209 A.R. 40 (CA);

     160 W.A.C. 40

MLB headnote and full text

Temp. Cite: [1997] A.R. TBEd. OC.015

Her Majesty The Queen (respondent) v. Juan Marcus Dasilva-Spence (accused/appellant)

(Appeal No. 16424)

Indexed As: R. v. Dasilva-Spence (J.M.)

Alberta Court of Appeal

Hunt and Berger, JJ.A. and

Fraser, J. (ad hoc)

September 22, 1997.

Summary:

The accused was convicted of manslaugh­ter by a judge sitting alone. The accused appealed the conviction. At issue was causa­tion.

The Alberta Court of Appeal allowed the appeal, set aside the conviction and ordered a new trial.

Criminal Law - Topic 1312

Manslaughter - Causation - The accused was convicted of manslaughter by a judge sitting alone - The victim was involved in a dispute with a doorman at a bar - The accused became involved and punched and kicked the victim - The victim died - The accused appealed the conviction - At issue was causation - The Alberta Court of Appeal allowed the appeal and ordered a new trial where it was not clear that the trial judge appreciated the significance of certain evidence and failed to appreciate the important relationship between that evidence and the critical issue of causation.

Cases Noticed:

R. v. Harper, [1982] 1 S.C.R. 2; 40 N.R. 255, refd to. [para. 27].

R. v. M.G. (1994), 73 O.A.C. 356; 93 C.C.C.(3d) 347 (C.A.), leave to appeal refused (1995), 188 N.R. 319; 86 O.A.C. 80 (S.C.C.), refd to. [para. 27].

R. v. W.B.B. (1996), 187 A.R. 179; 127 W.A.C. 179; 43 Alta. L.R.(3d) 394 (C.A.), refd to. [para. 27].

R. v. Smithers (1977), 15 N.R. 287; 34 C.C.C.(2d) 427 (S.C.C.), refd to. [paras. 29, 35].

R. v. Creighton, [1993] 3 S.C.R. 3; 157 N.R. 1; 65 O.A.C. 321, refd to. [para. 35].

R. v. Cribbin (J.) (1994), 69 O.A.C. 366; 28 C.R.(4th) 137 (C.A.), refd to. [para. 35].

Counsel:

G. Tomljanovic, for the respondent;

P.W. Martin, Q.C., for the accused/appellant.

This appeal was heard on June 10, 1997, before Hunt and Berger, JJ.A., and Fraser, J. (ad hoc), of the Alberta Court of Appeal. The decision of the court was delivered on September 22, 1997, and the following opinions were filed:

Hunt, J.A. (Fraser, J. (ad hoc) concur­ring) - see para­graphs 1 to 32;

Berger, J.A. - see paragraphs 33 to 36