R. v. Laporte (D.), (1996) 197 N.R. 23 (SCC)

• Judge: Iacobucci and Major, JJ.
• Court: Supreme Court (Canada)
• Case Date: April 26, 1996
• Jurisdiction: Canada (Federal)
• Citations: (1996), 197 N.R. 23 (SCC);[1996] 1 SCR 1074;1996 CanLII 188 (SCC);197 NR 23;49 CR (4th) 237

R. v. Laporte (D.) (1996), 197 N.R. 23 (SCC)

MLB headnote and full text

[French language version follows English language version]

[La version française vient à la suite de la version anglaise]

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Sa Majesté la Reine (appelante) c. Denis Laporte (intimé)

(24551)

Indexed As: R. v. Laporte (D.)

Supreme Court of Canada

Sopinka, Gonthier, Cory,

Iacobucci and Major, JJ.

April 26, 1996.

Summary:

A court composed of a judge and jury convicted Laporte of second-degree murder. Laporte appealed.

The Quebec Court of Appeal, in a judg­ment reported immediately after this one, allowed the appeal and ordered a new trial. The Crown appealed.

The Supreme Court of Canada dismissed the appeal.

Criminal Law - Topic 1263

Murder - Intention - In his jury charge, the judge told the jurors that they had to believe the evidence concern­ing the accus­ed's intoxi­cation before asking themselves whether this intoxication had rendered the accused unable to form the required guilty intent for murder - The jury found Laporte guilty of second-degree murder - The Quebec Court of Appeal quashed the verdict and ordered a new trial because it was not ne­cessary for the jury to believe the evi­dence of intoxication - Only a reasonable doubt on the whole of the evidence was sufficient - The Supreme Court of Canada affirmed the Court of Appeal's decision.

Criminal Law - Topic 1299

Murder - Defences - Jury charge - Intent and drunk­enness - [See Criminal Law - Topic 1263 ].

Criminal Law - Topic 4351

Procedure - Jury charge - Directions regarding burden of proof and reasonable doubt - [See Criminal Law - Topic 1263 ].

Counsel:

Michel F. Denis, for the appellant Crown;

Clément Monterosso and François Mathieu, for the respondent accused.

This appeal was heard on April 26, 1996, by Sopinka, Gonthier, Cory, Iacobucci and Major, JJ., of the Supreme Court of Canada.

The judgment of the Supreme Court of Canada was delivered orally in both official languages on April 26, 1996 by Sopinka, J.