Present: Lamer C.J. and L'Heureux‑Dubé, Sopinka, McLachlin and Iacobucci JJ.
on appeal from the court of appeal for new brunswick
Criminal law ‑‑ Appeals ‑‑ Powers of court of appeal ‑‑ No substantial wrong or miscarriage of justice ‑‑ Criminal Code, R.S.C., 1985, c. C‑46, s. 686(1) (b)(iii).
Statutes and Regulations Cited
Criminal Code , R.S.C., 1985, c. C‑46 , s. 686(1) (b)(iii).
APPEAL from a judgment of the New Brunswick Court of Appeal (1992), 128 N.B.R. (2d) 135, 322 A.P.R. 135, dismissing the accused's appeal from his conviction on a charge of first degree murder. Appeal dismissed, Lamer C.J. and McLachlin J. dissenting in part.
Scott F. Fowler, for the appellant.
John A. Henheffer, for the respondent.
The judgment of the Court was delivered orally by
Lamer C.J. ‑‑ The Court, the Chief Justice and Madam Justice McLachlin dissenting, agrees with the majority below that this is a proper case for applying the proviso of s. 686(1)(b)(iii). The Chief Justice and McLachlin J., agreeing with Mr. Justice Angers' reasons, would, while also dismissing the appeal, enter a conviction for manslaughter and remit the matter to the trial judge for sentencing.
The appeal is dismissed.
Judgment accordingly.
Solicitors for the appellant: Fowler & Fowler, Moncton.
Solicitor for the respondent: John A. Henheffer, Saint John.
Email this Content