R. v. Labonté
Court headnote
R. v. Labonté Collection Supreme Court Judgments Date 1996-05-28 Report [1996] 2 SCR 167 Case number 24768 Judges Lamer, Antonio; La Forest, Gérard V.; L'Heureux-Dubé, Claire; Sopinka, John; Gonthier, Charles Doherty; Cory, Peter deCarteret; McLachlin, Beverley; Iacobucci, Frank; Major, John C. On appeal from Quebec Subjects Criminal law Notes SCC Case Information: 24768 Decision Content R. v. Labonté, [1996] 2 S.C.R. 167 Alain Labonté Appellant v. Her Majesty The Queen Respondent Indexed as: R. v. Labonté File No.: 24768. 1996: May 28. Present: Lamer C.J. and La Forest, L’Heureux‑Dubé, Sopinka, Gonthier, Cory, McLachlin, Iacobucci and Major JJ. on appeal from the court of appeal for quebec Criminal law ‑‑ Trial ‑‑ Charge to jury ‑‑ Trial judge giving inadequate instructions concerning complicity as alternative basis for accused’s guilt -- Court of Appeal ordering new trial on robbery charge ‑‑ Court of Appeal’s judgment upheld. Statutes and Regulations Cited Criminal Code, R.S.C., 1985, c. C‑46, s. 21(1) . APPEAL from a judgment of the Quebec Court of Appeal (1995), 68 Q.A.C. 225, allowing the Crown`s appeal from the accused`s acquittal in part and ordering a new trial on the charge of robbery. Appeal dismissed. Michel LeBrun and Sylvie Roy, for the appellant. Jean‑François Royer and Jacques Gauvin, for the respondent. English version of the judgment of the Court delivered orally by 1 The Chief Justice ‑‑ The evidence at trial concerning the charge of robbery provided a basi…
Full judgment (source text)
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R. v. Labonté Collection Supreme Court Judgments Date 1996-05-28 Report [1996] 2 SCR 167 Case number 24768 Judges Lamer, Antonio; La Forest, Gérard V.; L'Heureux-Dubé, Claire; Sopinka, John; Gonthier, Charles Doherty; Cory, Peter deCarteret; McLachlin, Beverley; Iacobucci, Frank; Major, John C. On appeal from Quebec Subjects Criminal law Notes SCC Case Information: 24768 Decision Content R. v. Labonté, [1996] 2 S.C.R. 167 Alain Labonté Appellant v. Her Majesty The Queen Respondent Indexed as: R. v. Labonté File No.: 24768. 1996: May 28. Present: Lamer C.J. and La Forest, L’Heureux‑Dubé, Sopinka, Gonthier, Cory, McLachlin, Iacobucci and Major JJ. on appeal from the court of appeal for quebec Criminal law ‑‑ Trial ‑‑ Charge to jury ‑‑ Trial judge giving inadequate instructions concerning complicity as alternative basis for accused’s guilt -- Court of Appeal ordering new trial on robbery charge ‑‑ Court of Appeal’s judgment upheld. Statutes and Regulations Cited Criminal Code, R.S.C., 1985, c. C‑46, s. 21(1) . APPEAL from a judgment of the Quebec Court of Appeal (1995), 68 Q.A.C. 225, allowing the Crown`s appeal from the accused`s acquittal in part and ordering a new trial on the charge of robbery. Appeal dismissed. Michel LeBrun and Sylvie Roy, for the appellant. Jean‑François Royer and Jacques Gauvin, for the respondent. English version of the judgment of the Court delivered orally by 1 The Chief Justice ‑‑ The evidence at trial concerning the charge of robbery provided a basis for two theories, guilt based on the direct commission of the crime and guilt based on being a party pursuant to s. 21(1) of the Criminal Code . Both the Crown and the defence wished the judge to instruct the jury on complicity as an alternative basis for the appellant`s guilt. The judge did not do so, or at least did so inadequately. 2 This error warrants the ordering of a new trial. The appeal is dismissed. Judgment accordingly. Solicitors for the appellant: Godin, Saint‑Amant & LeBrun, Trois‑Rivières; Roy & Bergeron, Trois‑Rivières. Solicitor for the respondent: Jean‑François Royer, Victoriaville.
Source: decisions.scc-csc.ca