SUPREME
COURT OF CANADA
Between:
Her
Majesty The Queen
Appellant
and
Jeffrey
Kevin Leinen
Respondent
Coram: LeBel, Abella, Rothstein, Cromwell, Moldaver, Karakatsanis and
Wagner JJ.
Reasons for
Judgment:
(para. 1)
|
LeBel J. (Abella, Rothstein, Cromwell, Moldaver,
Karakatsanis and Wagner JJ. concurring)
|
R.
v. Leinen, 2014 SCC 23, [2014] 1 S.C.R. 500
Her Majesty The Queen Appellant
v.
Jeffrey Kevin Leinen Respondent
Indexed as: R. v. Leinen
2014 SCC 23
File No.: 35531.
2014: March 21.
Present: LeBel,
Abella, Rothstein, Cromwell, Moldaver, Karakatsanis and Wagner JJ.
on appeal from the court
of appeal for alberta
Criminal
law — Trial — Charge to jury — Accused convicted of second degree murder and
aggravated assault for killing one person and injuring another after driving
truck into crowd — Accused invoking involuntary panic response or lack of
intent to kill or injure anyone and alleging that trial judge misdirected jury
— Court of Appeal ordering new trial on ground that trial judge failed to
instruct properly on legal significance of panic attack defence — Charge to jury,
read as a whole, containing no reversible error in relation to voluntariness or
intent.
APPEAL
from a judgment of the Alberta Court of Appeal (Hunt and McDonald JJ.A. and
Hughes J. (ad hoc)), 2013 ABCA 283, 83 Alta. L.R. (5th) 29, 556 A.R.
211, 584 W.A.C. 211, 301 C.C.C. (3d) 1, 48 M.V.R. (6th) 1, [2013] A.J. No. 804
(QL), 2013 CarswellAlta 1394, setting aside the accused’s convictions for second
degree murder and aggravated assault and ordering a new trial. Appeal allowed
and convictions restored.
Josh Hawkes, Q.C., for the appellant.
Jennifer Ruttan and Karen B. Molle,
for the respondent.
The
judgment of the Court was delivered orally by
[1] LeBel J. — We are all
of the view that the charge to the jury, read as a
whole, contained no reversible error in relation to either voluntariness or
intent. For these reasons, the appeal is allowed and the
convictions are restored.
Judgment
accordingly.
Solicitor for the appellant:
Attorney General of Alberta, Calgary.
Solicitors for the
respondent: Ruttan Bates, Calgary; Karen B. Molle, Calgary.