R. v. Rubio, [1987] 2 S.C.R. 688
Jean‑François Rubio Appellant
v.
Her Majesty The Queen Respondent
indexed as: r. v. rubio
File No.: 19399.
1987: December 11.
Present: Beetz, Lamer, Le Dain, La Forest and L'Heureux‑Dubé JJ.
on appeal from the court of appeal for quebec
Criminal law ‑‑ Appeal by the Crown ‑‑ Question of law alone ‑‑ Intent ‑‑ Verdict of manslaughter set aside on appeal and new trial ordered on original charge of second‑degree murder ‑‑ Accused's intent a question of fact ‑‑ Verdict of manslaughter reinstated.
Cases Cited
Followed: Schuldt v. The Queen, [1985] 2 S.C.R. 592.
APPEAL from a judgment of the Quebec Court of Appeal, [1985] C.A. 368, allowing the Crown's appeal from a verdict of manslaughter against the accused and ordering a new trial on the original charge of second‑degree murder. Appeal allowed.
Richard Perras, for the appellant.
Gilles Lahaie, for the respondent.
English version of the judgment of the Court delivered orally by
1. Beetz J.‑‑In light of Schuldt v. The Queen, [1985] 2 S.C.R. 592, delivered after the judgment of the Quebec Court of Appeal;
2. And in light of the fact that, in any event, there is other evidence in the record that would also permit the jury to arrive at a verdict of manslaughter;
3. The appeal is allowed, the judgment of the Court of Appeal is set aside, the verdict of manslaughter is reinstated and the case is referred back to the Court of Appeal for determination of the appeal of the sentence.
Judgment accordingly.
Solicitors for the appellant: Chalifoux, Perras & Associés, Montréal.
Solicitor for the respondent: Gilles Lahaie, St‑Jérôme.
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