2 total
Appeal from convictions for first degree murder and attempted murder dismissed from the bench.
The appellant appealed his convictions for first degree murder and three counts of attempted murder.
The issues on appeal included whether the trial judge erred in not putting the defence of mental disorder automatism to the jury, in summarizing expert testimony, and in charging the jury on the mens rea for criminal harassment.
The Supreme Court of Canada dismissed the appeal from the bench, adopting the reasons of the majority of the Quebec Court of Appeal.
Trial judge erred by convicting accused of contempt instanter before jury, but curative proviso applied.
The appellant was charged with two counts of first degree murder and six counts of attempted murder.
During his testimony at trial, he repeatedly refused to answer questions concerning the identity of individuals who allegedly provided him with information about the crime.
The trial judge cited the appellant for contempt of court and immediately sentenced him to three years' imprisonment in the presence of the jury.
The Supreme Court of Canada held that while the judge was justified in citing the appellant for contempt, he erred in convicting and sentencing him instanter without urgent necessity.
However, the Court applied the curative proviso under s. 686(1)(b)(iii) of the Criminal Code, concluding that the error did not cause a substantial wrong or miscarriage of justice, and dismissed the appeal.
