R. v. Desjarlais and Cyr, (1979) 1 Sask.R. 360 (CA)

• Judge: Culliton, C.J.S., Brownridge and Bayda, JJ.A.
• Court: Court of Appeal (Saskatchewan)
• Case Date: November 27, 1979
• Jurisdiction: Saskatchewan
• Citations: (1979), 1 Sask.R. 360 (CA)

R. v. Desjarlais (1979), 1 Sask.R. 360 (CA)

MLB headnote and full text

R. v. Desjarlais and Cyr

(Nos. 8302, 8303)

Indexed As: R. v. Desjarlais and Cyr

Saskatchewan Court of Appeal

Culliton, C.J.S., Brownridge and Bayda, JJ.A.

November 27, 1979.

Summary:

This case arose out of a charge of murder. After a trial by judge and jury the accused were found guilty of second degree murder and sentenced to life imprisonment. The accused appealed in respect of their convictions.

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

Criminal Law - Topic 5010

Appeals - Indictable offences - Review of verdicts - Duty of a Court of Appeal - The Saskatchewan Court of Appeal stated that a Court of Appeal when reviewing a verdict under s. 613(1) of the Criminal Code must not only satisfy itself that there was evidence requiring the case to be submitted to the jury but also the Court of Appeal must satisfy itself that the weight of the evidence is not so weak that a verdict of guilty is unreasonable - See paragraph 45.

Criminal Law - Topic 4372

Procedure - Charge or directions to jury - Directions respecting alibi evidence - The Saskatchewan Court of Appeal referred to matters which a trial judge should include in his jury charge respecting alibi evidence - See paragraph 48.

Criminal Law - Topic 4350

Procedure - Charge or directions to jury - General principles - The Saskatchewan Court of Appeal stated that where there is no evidence to support a charge or count, then the charge or count should be withdrawn from the jury - See paragraph 54.

Cases Noticed:

Corbett v. The Queen, 1 N.R. 258; [1975] 2 S.C.R. 275, refd to. [para. 45].

Morris v. The Queen, 27 N.R. 313; 10 C.R.(3d) 259, refd to. [para. 45].

Statutes Noticed:

Criminal Code of Canada, R.S.C. 1970, c. C-34, sect. 613(1).

Counsel:

Gary W. Kinar, for the appellant, Cyr;

W.R. Waller, for the appellant, Desjarlais;

Kenneth W. MacKay, for the respondent, Crown.

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

The judgment of the Saskatchewan Court of Appeal was delivered by CULLITON, C.J.S., at Regina, Saskatchewan, on November 27, 1979.