R. v. Scott, [1988] 2 SCR 174

r. v. scott, [1988] 2 S.C.R. 174

Barrington Oliver Scott                                                                     Appellant

v.

Her Majesty The Queen                                                                   Respondent

indexed as: r. v. scott

File No.: 19504.

1988: October 14.

Present: Dickson C.J. and McIntyre, Lamer, Wilson, La Forest, L'Heureux‑Dubé and Sopinka JJ.

on appeal from the court of appeal for ontario

                   Criminal law ‑‑ Attempted murder ‑‑ Mens rea ‑‑ Requisite mens rea for attempted murder restricted to intent to kill ‑‑ Lesser standard of intent applied by trial judge in charge delivered before principle enunciated ‑‑ Court of Appeal finding jury had no alternative but to find requisite intent to kill ‑‑ Whether Court of Appeal erred.

                   APPEAL from a judgment of the Ontario Court of Appeal dismissing an appeal from conviction by O'Driscoll J. sitting with jury. Appeal allowed.

                   Henry S. Brown, for the appellant.

                   Brian Trafford, Q.C., for the respondent.

                   The judgment of the Court was delivered orally by

1.                The Chief Justice‑‑The appeal is allowed and a new trial is ordered.

                   Judgment accordingly.

                   Solicitors for the appellant: Gowling & Henderson, Ottawa.

                   Solicitor for the respondent: The Attorney General for Ontario, Toronto.