Cooper v. The Queen
Court headnote
Cooper v. The Queen Collection Supreme Court Judgments Date 1983-02-08 Report [1983] 1 SCR 240 Case number 16881 Judges Laskin, Bora; Ritchie, Roland Almon; Dickson, Robert George Brian; Beetz, Jean; Estey, Willard Zebedee; McIntyre, William Rogers; Chouinard, Julien On appeal from Nova Scotia Subjects Criminal law Notes SCC Case Information: 16881 Decision Content Supreme Court of Canada Cooper v. The Queen, [1983] 1 S.C.R. 240 Date: 1983-02-08 George Herbert Cooper Appellant; and Her Majesty The Queen Respondent. File No.: 16881. 1983: February 8. Present: Laskin C.J., Ritchie, Dickson, Beetz, Estey, Mclntyre and Chouinard JJ. ON APPEAL FROM THE SUPREME COURT OF NOVA SCOTIA, APPEAL DIVISION Criminal law—Second degree murder—Charge to jury—Errors—Whether section 613(1)(b)(iii) applicable—New trial ordered—Criminal Code, R.S.C. 1970, c. C-34, s. 613(1)(b)(iii). APPEAL from a judgment of the Supreme Court of Nova Scotia, Appeal Division (1981), 49 N.S.R. (2d) 221, 96 A.P.R. 221, 65 C.C.C. (2d) 254, dismissing appellant’s appeal from his conviction for second degree murder. Appeal allowed. L.W. Scaravelli and C.M. Garson, for the appellant. Kenneth Fiske and Dana Giovannetti, for the respondent. The judgment of the Court was delivered orally by THE CHIEF JUSTICE—We are all of the opinion that the appeal should be allowed and a new trial ordered. We are in substantial agreement with the dissenting reasons of MacDonald J.A. Judgment accordingly. Solicitors for the appellant: L.W.…
Full judgment (source text)
Mirrored from decisions.scc-csc.ca — the linked original is authoritative.
Cooper v. The Queen Collection Supreme Court Judgments Date 1983-02-08 Report [1983] 1 SCR 240 Case number 16881 Judges Laskin, Bora; Ritchie, Roland Almon; Dickson, Robert George Brian; Beetz, Jean; Estey, Willard Zebedee; McIntyre, William Rogers; Chouinard, Julien On appeal from Nova Scotia Subjects Criminal law Notes SCC Case Information: 16881 Decision Content Supreme Court of Canada Cooper v. The Queen, [1983] 1 S.C.R. 240 Date: 1983-02-08 George Herbert Cooper Appellant; and Her Majesty The Queen Respondent. File No.: 16881. 1983: February 8. Present: Laskin C.J., Ritchie, Dickson, Beetz, Estey, Mclntyre and Chouinard JJ. ON APPEAL FROM THE SUPREME COURT OF NOVA SCOTIA, APPEAL DIVISION Criminal law—Second degree murder—Charge to jury—Errors—Whether section 613(1)(b)(iii) applicable—New trial ordered—Criminal Code, R.S.C. 1970, c. C-34, s. 613(1)(b)(iii). APPEAL from a judgment of the Supreme Court of Nova Scotia, Appeal Division (1981), 49 N.S.R. (2d) 221, 96 A.P.R. 221, 65 C.C.C. (2d) 254, dismissing appellant’s appeal from his conviction for second degree murder. Appeal allowed. L.W. Scaravelli and C.M. Garson, for the appellant. Kenneth Fiske and Dana Giovannetti, for the respondent. The judgment of the Court was delivered orally by THE CHIEF JUSTICE—We are all of the opinion that the appeal should be allowed and a new trial ordered. We are in substantial agreement with the dissenting reasons of MacDonald J.A. Judgment accordingly. Solicitors for the appellant: L.W. Scaravelli & Associates, Halifax. Solicitors for the respondent: Martin E. Herschorn and Kenneth W.F. Fiske, Halifax.
Source: decisions.scc-csc.ca
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