R. v. Smith, (1979) 1 Sask.R. 213 (CA)

• Judge: Culliton, C.J.S., Brownridge and Hall, JJ.A.
• Court: Court of Appeal (Saskatchewan)
• Case Date: December 31, 1979
• Jurisdiction: Saskatchewan
• Citations: (1979), 1 Sask.R. 213 (CA);1979 CanLII 2233 (SK CA);51 CCC (2d) 381;1 Sask R 213

R. v. Smith (1979), 1 Sask.R. 213 (CA)

MLB headnote and full text

R. v. Smith

(No. 8354)

Indexed As: R. v. Smith

Saskatchewan Court of Appeal

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

December 31, 1979.

Summary:

This case arose out of a charge of first degree murder. After a jury trial the accused was found guilty as charged and sentenced to life imprisonment.

On appeal to the Saskatchewan Court of Appeal the verdict of first degree murder was set aside and the accused was convicted of second degree murder. The Court of Appeal held that there was no evidence upon which the jury could conclude that the killing was planned. The Court of Appeal stated that the killing was the result of a sudden impulse - See paragraph 31.

Criminal Law - Topic 1270

Murder - First degree murder, meaning of "planned and deliberate" - Criminal Code, s. 214(2) - The Saskatchewan Court of Appeal referred to several meanings of the words "planned and deliberate" - See paragraphs 23 to 27.

Criminal Law - Topic 1270

Murder - First degree murder, meaning of "planned and deliberate" - The accused was convicted of first degree murder - The Saskatchewan Court of Appeal set aside the conviction because the killing resulted from a sudden impulse - The Court of Appeal stated that there was no evidence that the killing resulted from a "previously determined design or scheme" - See paragraph 31.

Words and Phrases

Planned - The Saskatchewan Court of Appeal discussed the meaning of the word "planned" as found in s. 214(2) of the Criminal Code of Canada, R.S.C. 1970, c. C-34 - See paragraphs 23 to 27.

Cases Noticed:

More v. The Queen, [1963] S.C.R. 522, refd to. [para. 23].

McMartin v. The Queen, [1964] S.C.R. 484, refd to. [para. 25].

R. v. Mitchell, 43 C.R. 391, refd to. [para. 25].

R. v. Widdifield, 6 C.R.L.Q. 152, refd to. [para. 26].

R. v. Reynolds, 44 C.C.C. 129, refd to. [para. 27].

Statutes Noticed:

Criminal Code of Canada, R.S.C. 1970, c. C-34, sect. 214(2) [para. 22].

Counsel:

L.E. Leslie, for the appellant;

K.W. MacKay, for the Crown.

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

The judgment of the Court of Appeal was delivered by CULLITON, C.J.S., at Regina, Saskatchewan, on December 31, 1979.