R. v. Hagenlocher, [1982] 2 SCR 531

Supreme Court of Canada

R. v. Hagenlocher, [1982] 2 S.C.R. 531

Date: 1982-10-05

Her Majesty The Queen Appellant;

and

Rudolf Rolf Hagenlocher Respondent.

File No.: 16907.

1982: October 5.

Present: Laskin C.J. and Ritchie, Dickson, Beetz, Estey, Lamer and Wilson JJ.

ON APPEAL FROM THE COURT OF APPEAL FOR MANITOBA

Criminal law—Convictions—Respondent convicted of manslaughter and of unlawfully setting a fire—Both convictions arising out of the same incident—Kienapple principle applied and secondary offence of unlawfully setting a fire set aside.

APPEAL from a judgment of the Manitoba Court of Appeal (1981), 65 C.C.C. (2d) 101, allowing an appeal from the sentences imposed by Hunt J. and setting aside the conviction and sentence on the secondary charge. Appeal dismissed.

J. Montgomery, Q.C., for the appellant.

David Margolis and Kenneth Zaifman, for the respondent.

The judgment of the Court was delivered orally by

THE CHIEF JUSTICE—We do not need to hear you, Mr. Margolis and Mr. Zaifman. We are all of the opinion that the conclusions reached by the majority judgment of the Manitoba Court of Appeal in applying the Kienapple principle were correct and hence this appeal must accordingly be dismissed.

Judgment accordingly.

Solicitor for the appellant: Deputy Attorney-General of Manitoba, Winnipeg.

Solicitor for the respondent: David Margolis, Winnipeg.