R. v. Francella
Court headnote
R. v. Francella Collection Supreme Court Judgments Date 1990-11-08 Report [1990] 2 SCR 1420 Case number 21237 Judges Wilson, Bertha; Sopinka, John; Cory, Peter deCarteret; McLachlin, Beverley; Stevenson, William On appeal from Ontario Subjects Criminal law Notes SCC Case Information: 21237 Decision Content R. v. Francella, [1990] 2 S.C.R. 1420 Guisseppe Francella Appellant v. Her Majesty The Queen Respondent Indexed as: R. v. Francella File No.: 21237. 1990: November 1; 1990: November 8. Present: Wilson, Sopinka, Cory, McLachlin and Stevenson JJ. on appeal from the court of appeal for ontario Criminal law ‑‑ Murder ‑‑ First degree murder ‑‑ Murder during commission of other offences ‑‑ Husband holding wife at gunpoint for substantial period of time ‑‑ Wife shot when leaving house ‑‑ Whether murder took place during or after cessation of forcible confinement ‑‑ Whether trial judge erred in failing to instruct jury on this issue. Held: The appeal should be dismissed. APPEAL from a judgment of the Ontario Court of Appeal (1988), 29 O.A.C. 342, 46 C.C.C. (3d) 93, dismissing the accused's appeal from his conviction on a charge of first degree murder contrary of s. 214(5) of the Criminal Code . Appeal dismissed. Michael Code, for the appellant. Jay L. Naster, for the respondent. The judgment of the Court was delivered by Wilson J. ‑‑ I am in agreement with the reasons expressed by the majority in the Court of Appeal (1988), 29 O.A.C. 342, 46 C.C.C. (3d) 93. The appeal is therefore …
Full judgment (source text)
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R. v. Francella Collection Supreme Court Judgments Date 1990-11-08 Report [1990] 2 SCR 1420 Case number 21237 Judges Wilson, Bertha; Sopinka, John; Cory, Peter deCarteret; McLachlin, Beverley; Stevenson, William On appeal from Ontario Subjects Criminal law Notes SCC Case Information: 21237 Decision Content R. v. Francella, [1990] 2 S.C.R. 1420 Guisseppe Francella Appellant v. Her Majesty The Queen Respondent Indexed as: R. v. Francella File No.: 21237. 1990: November 1; 1990: November 8. Present: Wilson, Sopinka, Cory, McLachlin and Stevenson JJ. on appeal from the court of appeal for ontario Criminal law ‑‑ Murder ‑‑ First degree murder ‑‑ Murder during commission of other offences ‑‑ Husband holding wife at gunpoint for substantial period of time ‑‑ Wife shot when leaving house ‑‑ Whether murder took place during or after cessation of forcible confinement ‑‑ Whether trial judge erred in failing to instruct jury on this issue. Held: The appeal should be dismissed. APPEAL from a judgment of the Ontario Court of Appeal (1988), 29 O.A.C. 342, 46 C.C.C. (3d) 93, dismissing the accused's appeal from his conviction on a charge of first degree murder contrary of s. 214(5) of the Criminal Code . Appeal dismissed. Michael Code, for the appellant. Jay L. Naster, for the respondent. The judgment of the Court was delivered by Wilson J. ‑‑ I am in agreement with the reasons expressed by the majority in the Court of Appeal (1988), 29 O.A.C. 342, 46 C.C.C. (3d) 93. The appeal is therefore dismissed. Appeal dismissed. Solicitors for the appellant: Ruby & Edwardh, Toronto. Solicitor for the respondent: The Attorney General for Ontario, Toronto.
Source: decisions.scc-csc.ca
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[2022] 1 SCR 506