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Criminal law [1982] 1 SCR 834

Mahoney v. R.

The Supreme Court held that applying the Criminal Code proviso is a question of law reviewable on appeal, but dismissed the appeal because the conviction was safe despite trial errors.

  • Proviso s.613(1)(b)(iii)
  • Miscarriage of justice
  • Appellate review of verdicts
  • Alibi directions
  • Identification evidence
  • Drunkenness defence
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Criminal law [1981] 1 SCR 469

R. v. Vasil

The Supreme Court of Canada upheld a new trial in R. v. Vasil, holding that drunkenness could be relevant to the accused’s actual knowledge under s. 212(c).

  • Murder
  • Drunkenness defence
  • Unlawful object (s.212(c))
  • Mens rea
  • Onus and degree of proof
  • Criminal-law
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Criminal law [1977] 2 SCR 267

Hubbert v. R.

The Supreme Court of Canada dismissed an appeal from a murder conviction, finding no error in the trial judge’s handling of a challenge for cause or in omitting a drunkenness direction.

  • Challenge for cause
  • Judicial discretion
  • Drunkenness defence
  • Directions to jury
  • Criminal-law
  • Jury-law
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Criminal law [1960] SCR 871

The Queen v. George

The Supreme Court of Canada held that common assault was an included offence in a robbery-with-violence charge and that drunkenness did not negate it on these facts.

  • Robbery with violence
  • Common assault
  • Drunkenness defence
  • Mens rea
  • Included offence/divisibility
  • Crown appeal
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