R. v. Limoges, [1987] 1 S.C.R. 497
Maurice Limoges Appellant
v.
Her Majesty The Queen Respondent
indexed as: r. v. limoges
File No.: 19061.
1987: April 10.
Present: Beetz, Lamer, Wilson, Le Dain and La Forest JJ.
on appeal from the court of appeal for quebec
Criminal law ‑‑ Trial ‑‑ Charge by judge ‑‑ Wrong instructions on burden of proof of alibi ‑‑ Ambiguous statements on need for unanimous verdict ‑‑ Section 613(1)(b)(iii) of Criminal Code not applicable ‑‑ New trial ordered.
Statutes and Regulations Cited
Criminal Code, R.S.C. 1970, c. C‑34, s. 613(1)(b)(iii).
APPEAL from a judgment of the Quebec Court of Appeal, J.E. 84‑898, dismissing the accused's appeal from his conviction of first degree murder. Appeal allowed and new trial ordered.
Yvan Lerner, for the appellant.
Yves Berthiaume, for the respondent.
English version of the judgment delivered orally by
1. Beetz J.‑‑We are all of the view that this appeal should be allowed. We are substantially in agreement with the reasons of Montgomery J.A., who found that the trial judge erred in law in his directions to the jury on the burden of proof of an alibi, and that his remarks regarding unanimity of the verdict could have given the jury the impression that they had to return a verdict. With respect, in view of the cumulative effect of these errors we do not share the view of Malouf and Chouinard JJ.A. that this is a case in which s. 613(1)(b)(iii) of the Criminal Code applies. The appeal is accordingly allowed and a new trial ordered.
Judgment accordingly.
Solicitor for the appellant: Ivan Lerner, Montréal.
Solicitor for the respondent: Yves Berthiaume, Montréal.
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