R. v. Jack (B.G.), (1996) 113 Man.R.(2d) 84 (CA)
| Judge | Scott, C.J.M., Huband and Helper, JJ.A. |
| Court | Court of Appeal (Manitoba) |
| Case Date | June 17, 1996 |
| Jurisdiction | Manitoba |
| Citations | (1996), 113 Man.R.(2d) 84 (CA) |
R. v. Jack (B.G.) (1996), 113 Man.R.(2d) 84 (CA);
131 W.A.C. 84
MLB headnote and full text
Her Majesty The Queen (respondent) v. Brian Gordon Jack (accused/appellant)
(Suit No. A.R. 95-30-02172)
Indexed As: R. v. Jack (B.G.)
Manitoba Court of Appeal
Scott, C.J.M., Huband and Helper, JJ.A.
September 25, 1996.
Summary:
The accused's conviction for the murder of his wife was set aside because of inappropriate comments by the trial judge. See 76 Man.R.(2d) 168; 10 W.A.C. 168. A new trial was held and the accused was acquitted. The Crown appealed the accused's acquittal.
The Manitoba Court of Appeal, in a decision reported at 88 Man.R.(2d) 93; 51 W.A.C. 93, allowed the appeal and ordered a new trial on a charge of manslaughter. The accused's appeal to the Supreme Court of Canada was dismissed. See 95 Man.R.(2d) 158; 70 W.A.C. 158. The accused was tried on a charge of manslaughter.
The Manitoba Court of Queen's Bench convicted the accused of manslaughter. The accused appealed, alleging errors in the jury charge.
The Manitoba Court of Appeal, Helper, J.A., dissenting, dismissed the appeal.
Criminal Law - Topic 4364
Procedure - Jury charge - Directions regarding unanimity and disagreement - A jury declared that it was unable to reach a unanimous verdict - The trial judge declined to dismiss the jury and exhorted them in his usual strong and colourful language to return to deliberations and reach a verdict - The jury convicted the accused - The accused appealed, asserting that the jury was coerced and that the trial judge improperly referred to the facts during his exhortation - The Manitoba Court of Appeal rejected the accused's arguments - The exhortation, while aggressive, was not coercive (the jury took ample time to reach its verdict after the exhortation) - Also, it was appropriate in the circumstances to refer to the facts of the case - See paragraphs 7 to 48.
Criminal Law - Topic 4387
Procedure - Jury charge - Comment by judge on facts - [See Criminal Law - Topic 4364 ].
Cases Noticed:
R. v. Littlejohn (1978), 41 C.C.C.(2d) 161 (Ont. C.A.), refd to. [para. 8].
R. v. Sims, [1992] 2 S.C.R. 858; 139 N.R. 305; 10 B.C.A.C. 94; 21 W.A.C. 94, refd to. [para. 8].
R. v. D.W., [1991] 1 S.C.R. 742; 122 N.R. 277; 46 O.A.C. 352; 63 C.C.C.(3d) 397; 3 C.R.(4th) 302, refd to. [para. 28].
R. v. McKenna, [1960] 1 All E.R. 326 (C.C.A.), refd to. [para. 33].
R. v. Palmer, [1970] 3 C.C.C. 402 (B.C.C.A.), refd to. [para. 34].
R. v. Stewart (R.) (1994), 149 A.R. 101; 63 W.A.C. 101 (C.A.), refd to. [para. 36].
R. v. Halliday (W.L.) (1992), 83 Man.R.(2d) 142; 36 W.A.C. 142 (C.A.), refd to. [para. 36].
R. v. Alkerton (1992), 55 O.A.C. 368; 72 C.C.C.(3d) 184 (C.A.), affd. [1993] 1 S.C.R. 468; 149 N.R. 216; 60 O.A.C. 317, refd to. [para. 44].
R. v. Buono (Francesco) (1992), 95 Cr. App. R. 338 (C.A.), refd to. [para. 45].
R. v. Sims (1991), 64 C.C.C.(3d) 403 (B.C.C.A.), refd to. [para. 65].
R. v. Branco (C.) (1994), 40 B.C.A.C. 120; 65 W.A.C. 120 (C.A.), refd to. [para. 73].
People v. Cook (1983), 658 P.2d 86 (Cal.), refd to. [para. 75].
People v. Rodriguez (1986), 726 P.2d 113 (Cal.), refd to. [para. 76].
People v. Proctor (1992), 842 P.2d 1100 (Cal.), refd to. [para. 78].
R. v. Watson, [1988] Q.B. 690 (C.A.), refd to. [para. 94].
Counsel:
R.J. Wolson, Q.C., for the appellant;
R.A. Saull, for the respondent.
This appeal was heard on June 17, 1996, before Scott, C.J.M., Huband and Helper, JJ.A., of the Manitoba Court of Appeal. On September 25, 1996, the judgment of the court was rendered, and the following opinions were filed:
Scott, C.J.M. (Huband, J.A., concurring) - see paragraphs 1 to 48;
Helper, J.A., dissenting - see paragraphs 49 to 99.
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R. v. Sapara (J.), 2002 ABQB 243
...R. v. Jack (B.G.), [1997] 2 S.C.R. 334; 214 N.R. 294; 118 Man.R.(2d) 168; 149 W.A.C. 168; 117 C.C.C.(3d) 43, reving. [1997] 2 W.W.R. 1; 113 Man.R.(2d) 84; 131 W.A.C. 84 (C.A.), supplementary reasons (1997), 113 Man.R.(2d) 260; 131 W.A.C. 260 (C.A.), refd to. [para. 89, footnote 19]. R. v. K......
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Table of cases
...330 R v JAA, 2011 SCC 17 ........................................................................................ 593 R v Jack (1996), 113 Man R (2d) 84, [1996] MJ No 456 (CA), rev’d [1997] 2 SCR 334, 117 CCC (3d) 43, [1997] SCJ No 61 ...............................541 R v Jackson, 2016 ONC......
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The Trial Process
...true. A large time gap between the exhortation and the verdict may or may not indicate the independence of the jury”: R v Jack (1996), 113 Man R (2d) 84 at para 91 (CA), Helper J dissenting. Her decision was adopted by the Supreme Court of Canada when the decision was reversed on appeal: [1......
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R. v. Lundrigan (D.J.), 2014 SKQB 386
...R. v. Jack (B.G.), [1997] 2 S.C.R. 334; 214 N.R. 294; 118 Man.R.(2d) 168; 149 W.A.C. 168; 117 C.C.C.(3d) 43, reving. [1997] 2 W.W.R. 1; 113 Man.R.(2d) 84; 131 W.A.C. 84 (C.A.), supplementary reasons (1997), 113 Man.R.(2d) 260; 131 W.A.C. 260 (C.A.), refd to. [para. 69]. R. v. Hunter (N.) (2......
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R. v. Sapara (J.), 2002 ABQB 243
...R. v. Jack (B.G.), [1997] 2 S.C.R. 334; 214 N.R. 294; 118 Man.R.(2d) 168; 149 W.A.C. 168; 117 C.C.C.(3d) 43, reving. [1997] 2 W.W.R. 1; 113 Man.R.(2d) 84; 131 W.A.C. 84 (C.A.), supplementary reasons (1997), 113 Man.R.(2d) 260; 131 W.A.C. 260 (C.A.), refd to. [para. 89, footnote 19]. R. v. K......
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R. v. Lundrigan (D.J.), 2014 SKQB 386
...R. v. Jack (B.G.), [1997] 2 S.C.R. 334; 214 N.R. 294; 118 Man.R.(2d) 168; 149 W.A.C. 168; 117 C.C.C.(3d) 43, reving. [1997] 2 W.W.R. 1; 113 Man.R.(2d) 84; 131 W.A.C. 84 (C.A.), supplementary reasons (1997), 113 Man.R.(2d) 260; 131 W.A.C. 260 (C.A.), refd to. [para. 69]. R. v. Hunter (N.) (2......
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R. v. Jack (B.G.), (1996) 113 Man.R.(2d) 260 (CA)
...jury. The Crown appealed the four year sentence imposed. The Manitoba Court of Appeal, Helper, J.A., dissenting, in a judgment reported 113 Man.R.(2d) 84; 131 W.A.C. 84, dismissed the appeal respecting the trial judge's exhortation to the jury. The court reconvened to hear argument on two u......
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R. v. Jack (B.G.), (1997) 214 N.R. 294 (SCC)
...accused appealed, alleging errors in charging the jury. The Manitoba Court of Appeal, Helper, J.A., dissenting, in a judgment reported 113 Man.R.(2d) 84; 131 W.A.C. 84, dismissed the appeal. The court reconvened to hear argument on two unresolved issues (1) whether, had the conviction appea......
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Table of cases
...330 R v JAA, 2011 SCC 17 ........................................................................................ 593 R v Jack (1996), 113 Man R (2d) 84, [1996] MJ No 456 (CA), rev’d [1997] 2 SCR 334, 117 CCC (3d) 43, [1997] SCJ No 61 ...............................541 R v Jackson, 2016 ONC......
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The Trial Process
...true. A large time gap between the exhortation and the verdict may or may not indicate the independence of the jury”: R v Jack (1996), 113 Man R (2d) 84 at para 91 (CA), Helper J dissenting. Her decision was adopted by the Supreme Court of Canada when the decision was reversed on appeal: [1......
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The Trial Process
...true. A large time gap between the exhortation and the verdict may or may not indicate the independence of the jury”: R. v. Jack (1996), 113 Man. R. (2d) 84 at para. 91 (C.A.), Justice Helper dissenting. Her decision was adopted by the Supreme Court of Canada when the decision was reversed ......
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The Trial Process
...true. A large time gap between the exhortation and the verdict may or may not indicate the independence of the jury”: R. v. Jack (1996), 113 Man. R. (2d) 84 at para. 91 (C.A.), Helper J. dissenting. Her decision was adopted by the Supreme Court of Canada when the decision was reversed on ap......