R. v. Mullins‑Johnson, [1998] 1 S.C.R. 977

William Mullins‑Johnson                                                                   Appellant

v.

Her Majesty The Queen                                                                   Respondent

Indexed as:  R. v. Mullins‑Johnson

File No.:  25860.

1998:  May 26.

Present:  L’Heureux‑Dubé, Gonthier, McLachlin, Bastarache and Binnie JJ.

on appeal from the court of appeal for ontario

Criminal law ‑‑ Charge to jury ‑‑ Trial judge adequately explaining defence position to jury.

APPEAL from a judgment of the Ontario Court of Appeal (1996), 31 O.R. (3d) 660, 96 O.A.C. 212, 112 C.C.C. (3d) 117, [1996] O.J. No. 4459 (QL), dismissing the accused’s appeal from his conviction on a charge of first degree murder. Appeal dismissed.

Michael Lomer, for the appellant.

Scott C. Hutchison and Philip Downes, for the respondent.

The judgment of the Court was delivered orally by

1                 L’Heureux‑Dubé J. ‑‑ This is an appeal as of right.  We are all of the view that this appeal be dismissed for the reasons of the majority of the Court of Appeal.

Judgment accordingly.

Solicitors for the appellant:  Lomer, Frost, Toronto.

Solicitor for the respondent:  The Ministry of the Attorney General, Toronto.