Supreme Court of Canada
Landry v. The Queen, [1979] 1 S.C.R. 552
Date: 1979-01-25
Gilbert Joseph Landry Appellant;
and
Her Majesty The Queen Respondent.
1979: January 25.
Present: Laskin C.J. and Martland, Ritchie, Pigeon, Dickson, Beetz, Estey, Pratte and McIntyre JJ.
ON APPEAL FROM THE COURT OF APPEAL FOR BRITISH COLUMBIA
Criminal law—Accused killing common law wife—Deceased living with accused and her three children from a previous common law relationship—Accused arriving home and finding deceased intoxicated and with friends including the father of her children—Accused previously telling father not to visit the children—Deceased shot by accused—Defence of drunkenness at trial—No error on part of trial judge in failing to put provocation to jury—Criminal Code, s. 215.
APPEAL from a judgment of the Court of Appeal for British Columbia, dismissing appellant’s appeal from his conviction for murder. Appeal dismissed.
E.J. Horembala and Miss B. Gegenberg, for the appellant.
J.E. Hall, for the respondent.
The judgment of the Court was delivered orally by
THE CHIEF JUSTICE—We do not need to hear you, Mr. Hall. We do not think that the trial judge erred in failing to put provocation to the jury. The appeal is accordingly dismissed.
Judgment accordingly.
Solicitors for the appellant: Hogan, Ritchie & Co., Vancouver.
Solicitors for the respondent: DuMoulin, Black & Co., Vancouver.
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