Supreme Court of Canada

R. v. Jacques, [1983] 1 S.C.R. 724

Date: 1983-06-07

Her Majesty the Queen Appellant;

and

Bruno Jacques Respondent.

File No.: 17268.

1983: June 7.

Present: Dickson, Beetz, Mclntyre, Chouinard and Lamer JJ.

ON APPEAL FROM THE COURT OF APPEAL FOR QUEBEC

Criminal law—Second degree murder—Directions to jury—Error—Failure to define essential components of offence.

APPEAL from a judgment of the Quebec Court of Appeal[1], setting aside a verdict of second degree murder and ordering a new trial. Appeal dismissed.

Claude Mélançon, for the appellant.

François Gérin and Jean-Pierre Rancourt, for the respondent.

English version of the judgment of the Court delivered orally by

DICKSON J.—Mr. Mélançon, we are all of the opinion that the error in the judge’s address to the jury as to the basic elements of murder is fatal to your appeal.

Consequently, we do not need to hear you on the other grounds raised by the defence before the Court of Appeal. We are all of the opinion that the Quebec Court of Appeal did not err in ordering a new trial.

The Crown’s appeal is dismissed.

Judgment accordingly.

Solicitor for the appellant: Claude Mélançon, Sherbrooke.

Solicitor for the respondent: François Gérin, Sherbrooke.