Charbonneau v. R.

Charbonneau v. R.

Majority: No material evidence supported a manslaughter verdict based on criminal negligence; the trial judge did not err in restricting the manslaughter instruction to an intoxication-based reduction of murder; appeal dismissed and conviction affirmed.

Citation
[1977] 2 SCR 805
Parties
Appellant (accused): Armand Emanuel Charbonneau; Respondent (crown): Her Majesty The Queen
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
4 April 1977
Procedural Posture
Criminal Murder / Appeal to Supreme Court of Canada (leave Granted) From the Court of Appeal for Ontario
Outcome
Appeal dismissed (Spence J. dissenting)
Legal Topics
Murder, Manslaughter, Criminal Negligence, Jury Instruction, Intoxication, Included Offences
Source Language
English
Criminal Law Homicide Evidence Murder Manslaughter Criminal Negligence Jury Instruction Intoxication +1 more

Case Brief

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Parties

Armand Emanuel Charbonneau

Appellant (accused)

Her Majesty The Queen

Respondent (crown)

Procedural Posture

Criminal Murder / Appeal to Supreme Court of Canada (leave Granted) From the Court of Appeal for Ontario

Legal Issues

  1. 1 Whether trial judge erred in failing to instruct jury on manslaughter based on criminal negligence
  2. 2 Whether there was material evidence to support leaving an alternative verdict of manslaughter based on criminal negligence
  3. 3 Proper scope of jury charge when defence advances a contradictory theory

Ratio Decidendi

Majority: No material evidence supported a manslaughter verdict based on criminal negligence; the trial judge did not err in restricting the manslaughter instruction to an intoxication-based reduction of murder; appeal dismissed and conviction affirmed.

Court Disposition

Appeal dismissed (Spence J. dissenting)

Orders

  • Appeal dismissed
  • Conviction of non-capital murder affirmed